The Supreme Court on Wednesday disposed of activist Teesta Setalvad’s application seeking release of her passport saying she may file a fresh plea after submitting an itinerary for foreign travel.
Setalvad’s passport was deposited in a Gujarat trial court as a bail condition imposed by the top court in July 2023 in alleged fabrication of documents in the 2002 Gujarat riots cases.
A bench of Justices Dipankar Datta, SC Sharma and Alok Aradhe said, “We will not allow the return of your passport like this. You can share your itinerary. For getting the passport, you have to make out a case.”
Senior advocate Kapil Sibal appearing for Setalvad said she required her passport because it needs renewal next year. He further submitted that whenever she needs to travel abroad, she requires the passport in time to process her visa and other formalities. Since time is limited, getting a hearing on her application poses a challenge.
The bench said, “Since this is a question of fundamental rights (to travel abroad), we will certainly not delay,” while pointing out the swiftness with which the three-judge bench was constituted to take up the present application.
{{/usCountry}}The bench said, “Since this is a question of fundamental rights (to travel abroad), we will certainly not delay,” while pointing out the swiftness with which the three-judge bench was constituted to take up the present application.
{{/usCountry}}On renewal, the court assured, “If it comes up for renewal, we will direct and see to it that the authorities renew it.”
Sibal pointed out that even if she gets her passport, she still requires permission from the court to travel abroad and the application was filed under these circumstances.
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“No orders are required to be passed,” the bench said, as it disposed of the application with the direction, “As and when the petitioner desires to travel abroad, she may file an application.”
On July 19, 2023, the top court granted Setalvad regular bail in the case involving the alleged fabrication of documents to frame innocent people in post-Godhra riot cases.
Quashing the Gujarat high court’s July 1, 2023 order, the three-judge bench stated that Setalvad’s custodial interrogation was unnecessary since the chargesheet in the case was filed and the evidence was largely documentary.
It directed that her passport, already surrendered, would remain in the custody of the sessions court and that she must not attempt to tamper with evidence or influence witnesses. It also permitted the Gujarat police to seek cancellation of bail if these conditions were violated.
The case against Setalvad was lodged following a top court verdict on June 24, 2022, regarding a plea filed by riot victim Zakia Jafri demanding an investigation into the larger conspiracy behind the 2002 Gujarat riots.
Jafri had challenged high court’s October 2017 order rejecting her petition against the findings of the Supreme Court-appointed Special Investigation Team (SIT).
Jafri is the widow of former Congress MP Ehsan Jafri, who was among those killed during the communal riots.
Jafri was supported by Setalvad before the high court and the apex court.
In June 2022, the top court questioned Jafri for the “audacity” to question the integrity of the SIT, which probed the riots cases under the Supreme Court’s monitoring, and every functionary involved in the process with the intention to “keep the pot boiling” for an obvious ulterior design.
It even suggested, “All those involved in such abuse of process need to be in the dock and proceeded with in accordance with law.” Following this judgment, the state government filed a case against Setalvad and arrested her. The Gujarat police also arrested former IPS officer Sanjiv Bhatt and former Gujarat DGP RB Sreekumar.
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