2002 Gujarat Riots Case: SC Refers Teesta Setalvad's Plea for Interim Bail to 3-Judge Bench

The Supreme Court has referred Mumbai-based activist Teesta Setalvad's bail plea to a larger bench of three judges.

The two-judge bench comprising Justices AS Oka and PK Mishra observed that Setalvad should have been given more time by the Gujarat High Court before she was asked to surrender in connection with the 2002 Gujarat riots case.

The apex court had earlier granted Setalvad interim bail in the case, in which she has been accused of fabricating evidence and tutoring witnesses. She had been shielded from arrest through the interim bail by the top court ever since, leading to her release from judicial custody.

Following this, Setalvad approached the Gujarat High Court for a regular bail, which was rejected on Saturday. The court also directed her to surrender immediately.

The Supreme Court's decision to refer Setalvad's bail plea to a larger bench suggests that the two-judge bench was divided on the matter.

Teesta Setalvad and RB Sreekumar were arrested on June 25, 2022, for allegedly fabricating evidence, committing forgery, and criminal conspiracy to frame Prime Minister Narendra Modi and others in the 2002 Gujarat riots case.

The arrest came after the Ahmedabad Detection of Crime Branch (DCB) filed a first information report (FIR) against the two accused. The FIR alleges that Setalvad and Sreekumar conspired to falsely implicate innocent individuals in the riots case. The FIR also alleges that Setalvad received ₹30 lakh from late Congress leader Ahmed Patel with the aim of destabilising the Narendra Modi-led government in Gujarat after the riots.

The state government, during a court hearing on June 15, 2022, labeled Setalvad as a "tool" of a politician with the task of defaming Gujarat. The state prosecution also opposed Setalvad's plea for regular bail, claiming that she was a flight risk and that she could tamper with evidence.

Setalvad and Sreekumar are currently in judicial custody. Their bail hearing is scheduled to take place on July 2, 2022.