Gujarat HC rejects Teesta Setalvad’s bail plea, orders immediate surrender, SC stays the order

UPDATE:  A three-judge bench of the Supreme Court comprising of Justice Gavai, Justice Bopanna and Justice Dipankar Datta assembled to hear the plea of Teesta Setalvad at 9:15 PM. SC stayed the order of Gujarat HC rejecting bail plea of Teesta Setalvad for one week, and thus gave her interim relief.   Earlier in the evening a two-judge bench of Justice Abhay S Oka and Justice PK Mishra differed in granting interim protection to Teesta Setalvad, a matter was then placed before CJI for the constitution of a three-judge bench to hear her plea immediately.

Earlier —————-

Ahmedabad: The Gujarat High Court today rejected the regular bail application of controversial NGO operator Teesta Setalvad, ordering her to “surrender immediately.” Setalvad is accused of fabricating evidence related to the 2002 Gujarat riots. She had been granted interim bail by the Supreme Court in September 2022, which protected her from arrest and led to her release from judicial custody.

Following the court’s decision on Setalvad’s bail plea, her lawyer requested a 30-day stay of the verdict, but the bench of Justice Nirzar Desai denied the request. Setalvad was initially arrested by the Gujarat Police on June 25, 2022, based on an FIR filed by the Ahmedabad Detection of Crime Branch (DCB). The charges against her include conspiring to falsely implicate innocent individuals in connection with the 2002 riots. She was held in police custody for seven days and then sent to judicial custody on July 2.

Setalvad’s arrest, along with former tainted IPS officer R B Sreekumar, occurred shortly after the Supreme Court dismissed a plea by Zakia Jafri, the wife of Congress MP Ahsan Jafri, regarding the Special Investigation Team’s (SIT) clearance of then Gujarat Chief Minister Narendra Modi and others from allegations of conspiracy in the riots.

In its verdict, the Supreme Court remarked that the proceedings were driven by ulterior motives and those involved in such abuse of the legal process should face consequences. The charge sheet filed by the SIT accuses Setalvad of conspiring to falsely implicate Modi, higher officials of the state government, and top BJP leaders by creating a false case with fabricated evidence, with the aim of seeking death sentences for them in connection with the 2002 communal riots.