Supreme Court of India refused to release passport of Teesta Setalvad without specific travel plans, permitting fresh plea later. Bench of Dipankar Datta, Satish Chandra Sharma, and Alok Aradhe heard matter.
The Supreme Court of India declined to grant activist Teesta Setalvad’s request for the release of her passport, observing that such relief could only be considered once she finalises concrete travel plans. The Court clarified that she is at liberty to file a fresh application at the appropriate stage.
The matter was heard by a Bench comprising Justices Dipankar Datta, Satish Chandra Sharma, and Alok Aradhe. During the hearing, the Bench questioned the necessity of releasing the passport in the absence of a specific travel plan.
Addressing Senior Advocate Kapil Sibal, who appeared for Setalvad, the Court remarked,
“Are you scheduled to go out anywhere soon? As soon as you (Setalvad) fix your itinerary, you let us know. We will not return the passport like this,”
He further added,
“You have to tell us that you have to visit this country or that country. For travelling abroad, you want your passport back. For that, you need to make out a case.”
Sibal submitted that Setalvad would require the Court’s permission to travel abroad. While disposing of the plea, the Bench reiterated,
“However, as and when the petitioner desires to travel abroad, she may file a fresh application.”
The issue of Setalvad’s passport arises from the conditions imposed when she was granted bail in a case alleging fabrication of evidence to falsely implicate individuals in connection with the 2002 Gujarat riots. As part of the bail conditions, her passport had been deposited with the trial court to ensure compliance with legal proceedings.
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Earlier, on April 13, the Supreme Court had indicated that the application could be placed before a three-judge Bench with the approval of the Surya Kant, since her bail had originally been granted by a Bench of similar strength. At that stage, it was argued that one of the bail conditions required her passport to remain in the custody of the sessions court.
Setalvad had been granted regular bail by the Supreme Court on July 19, 2023, in the same case. At that time, the Court had set aside the Gujarat High Court’s earlier refusal of bail, describing it as “perverse” and “contradictory.” The Court had also noted that custodial interrogation was unnecessary, as a chargesheet had already been filed and the evidence was largely documentary in nature. Alongside surrendering her passport, she was directed not to influence witnesses or interfere with the investigation.
The case against Setalvad traces back to developments following the Supreme Court’s June 24, 2022 judgment in the plea filed by Zakia Jafri, who had alleged a larger conspiracy behind the 2002 communal riots in Gujarat. Zakia Jafri is the widow of Ehsan Jafri, who was among those killed during the violence at Gulberg Society. The FIR against Setalvad was registered shortly after that judgment.
In addition to Setalvad, former IPS officer Sanjiv Bhatt and former Gujarat DGP R B Sreekumar were also named in the FIR. The case was initiated following the Supreme Court’s observation that certain individuals had kept “the pot boiling” in the matter “for ulterior designs,” and that those allegedly involved in such misuse of the legal process must be brought “in the dock” and dealt with in accordance with law.
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