Gujarat Riots 2002 Case: No Relief For Activist Teesta Setalvad As Supreme Court Refers Bail Request To Larger Bench

Activist Teesta Setalvad moved Supreme Court against Gujarat High Court's order that rejected her regular bail plea in a case linked to Gujarat riots 2002. She was accused of fabricating evidence linked to the riots. However, a special bench of Supreme Court with Justice Abhay S Oka and Justice PK Mishra differed in granting interim protection to the activist. The matter will be placed before the Chief Justice of India (CJI) for the constitution of a three judge bench to hear her plea immediately.

Rejecting her bail plea, the Gujarat court asked her to "surrender immediately". Setalvad was among the first activists to provide legal assistance to the victims of the riots.

Almost a year after being taken into custody along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in an offence registered by Ahmedabad crime branch police for allegedly fabricating evidence to frame “innocent people” in the post-Godhra riots cases, the activist might be facing jail again.

The activist is a founding trustee and secretary of the NGO Citizens for Justice and Peace (CJP) which was established in 2002 in the aftermath of the Gujarat riots.

She has been out on interim bail since September 3, 2022, which was granted by the Supreme Court. The High Court today also rejected a plea by Setalvad's advocate seeking for a stay on the order for a period of 30 days.

Teesta Setalvad's Arrest After Clean Chit To Modi

The journalist and Mumbai-based activist was taken into custody on June 25, 2022, just a day after the Supreme Court rubbished a plea filed against the clean chit given to the then Chief Minister of Gujarat Narendra Modi and 63 others over allegations of involvement and complaceny in the riots.

On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra, triggering the riots in the state. 

On February 8, 2012, a Special Investigation Team (SIT) filed a closure report giving a clean chit to now Prime Minister Modi and 63 others, including senior government officials, saying there was "no prosecutable evidence" against them.

Congress leader and former MP Ehsan Jafri was one of the 59 people who were killed in the riots. His wife, Zakia Jafri filed a petition in the apex court in 2018 against the clean chit given to Modi. 

The top court, while dismissing the plea, said that the proceedings were pursued by the applicant to “keep the pot boiling, obviously, for ulterior design” and said “all those involved in such abuse of process, need to be in the dock”. 

Chargesheet details

Activist Teesta Setalvad, retired Director General of Police R B Sreekumar and former IPS officer Sanjiv Bhatt have been charged under sections 468 (forgery for purpose of cheating), 194 (giving or fabricating false evidence with intent to procure conviction for capital offence) and 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture) of the IPC, among other provisions.

According to a report by Indian Express, the chargesheet further accuses Setalvad of filing petitions and applications in the name of Zakia Jafri for political and personal gains and with the intention of involving the then Chief Minister in the larger conspiracy behind the February 27, 2002 train burning incident in Godhra and the riots that followed.

It also alleges that after riots broke out following the Godhra incident, Setalvad and (the late) Congress leader Ahmed Patel, Bhatt and Sreekumar contacted each other and held several meetings. 

Last month, the trial court rejected Sreekumar's plea for discharge in the case. Sreekumar is also out on interim bail in the case granted by Gujarat HC.

Former IPS officer Sanjiv Bhatt, the third accused in the case, has not applied for bail. Bhatt was already in jail for another criminal matter when he was arrested in this case.