SC grants regular bail to Teesta Setalvad in 2002 Gujarat riots matter

New Delhi: Supreme Court Wednesday granted regular bail to activist Teesta Setalvad in a case of alleged fabrication of evidence in relation to the 2002 Gujarat riots, quashing the Gujarat High Court’s order that rejected her regular bail and asked her to surrender immediately.

A bench of Justices BR Gavai, AS Bopanna, and Dipankar Dutta ordered that Setalvad shall not make any attempt to influence the witnesses in the case and keep away from them. 

Pronouncing the order, the bench said, “We find that considerations available when this court are still available at this stage. We would rather reproduce certain observations from said order. The consideration that the appellant is a lady does not change, the fact that the offence relates to 2002 & FIR pertained to docs sought to be relied upon in 2022 also does not change, the fact that custodial investigation was available for 7 days and thereafter she was in judicial custody does not change.

“Also the fact that after being released on interim bail, she was not called for questioning on a single day...We do not find that a custodial investigation would be necessary. Insofar as apprehensions of influencing witnesses, this can be taken care of by directing her to not influence any witnesses.

“Therefore, Gujarat High Court’s order is quashed and set aside...Protection granted to her by this court shall be extended. The passport will remain in custody. The petitioner shall not attempt to influence witnesses.”

The bench added, "If prosecution feels any attempt is made to influence any witness, the State will be at liberty to move an application directly before this court for modification of our order...We clarify that none of these observations made in the impugned order or by us will influence the trial court at the stage of the trial."