तीस्ता सीतलवाड़ को सुप्रीम कोर्ट से मिली रेगुलर बेल: गवाहों को प्रभावित नहीं करने का निर्देश; फौरन सरेंडर करने का गुजरात HC का आदेश रद्द

In the case of Gujarat riots, Ahmedabad Crime Branch had registered a case of conspiracy against Teesta Setalvad by making fake documents.

The Supreme Court on Wednesday granted regular bail to social activist Teesta Setalvad. Also, he has been ordered not to influence the witnesses of the post-Godhra riots.

A bench of Justice BR Gavai, Justice AS Bopanna and Justice Dipankar Datta also set aside the July 1 order of the Gujarat High Court, in which Teesta was asked to surrender on July 1. The court said that a charge sheet has been filed against Teesta in the case. So there is no need for custodial interrogation.

Teesta Setalvad is accused of fabricating evidence to implicate innocent people in cases related to the 2002 Gujarat riots.

Teesta’s passport, which was surrendered in the court, will be deposited in the sessions court only. The court has given exemption to the Gujarat Police that if there is any attempt to influence the witnesses, they should directly approach the Supreme Court.

Last year, on July 30, the trial court had rejected Teesta Setalvad’s bail plea.

During the hearing the judge said – what were you doing till 2022?

During the hearing, Justice Gavai questioned the purpose and timing of Teesta’s arrest. He said, what were you doing till 2022? What investigation have you done between June 24 and June 25 on the basis of which you have decided that Teesta has done such a heinous act that her arrest has become necessary?

If your argument is to be accepted then the definition of Evidence Act has to be thrown in the dustbin. We’re just warning you that if you go deeper into this, we’ll have to make an observation.

At the same time, Justice Dutta said- Initially we felt that there is a case under section 194 (giving false evidence to get death sentence). Now we find that the case under section 194 is doubtful. And you want an undertrial to remain in further custody until the verdict is out.

Setalvad was arrested on June 25 last year. He was kept in police remand for seven days and was sent to judicial custody on July 2.

Gujarat police arrested after SC’s comment
The Supreme Court on June 24, 2022 dismissed the petition against the SIT report giving a clean chit to the then Chief Minister Narendra Modi in the 2002 Gujarat riots case. This petition was filed by Zakia Jafri. Zakia Jafri’s husband Ehsan Jafri was killed in these riots.

The Supreme Court said that there is no merit in Zakia’s petition. The court had also said that Teesta, the co-petitioner in the case, played with the feelings of Zakia Jafri. The court had asked for an inquiry into Teesta’s role. After this Teesta was arrested from Mumbai.

Teesta’s bail application was rejected by the Ahmedabad Sessions Court on 30 July. After this she reached the High Court. On August 3, the High Court issued notices to the state government in the matter and fixed September 19 as the date of hearing. When the High Court did not accept her arguments, Teesta reached the Supreme Court.

On 2 September, the Supreme Court granted him interim bail. The court said that until the High Court decides on bail, he should submit his passport to the sessions court. On July 1, the High Court had ordered him to surrender immediately.

Teesta Setalvad (left) was Zakia Jafri’s co-petitioner in the case against the SIT report.

Allegations of conspiracy by making fake documents
In the Gujarat riots case, the Ahmedabad Crime Branch had registered a case of conspiracy against Teesta Setalvad, former IPS Sanjeev Bhatt and DGP RB Sreekumar for forging documents. Sanjeev Bhatt was already in jail, while Teesta and Sreekumar were arrested together last year.

Communal violence took place in Gujarat in 2002
On 27 February 2002, the S-6 compartment of the Sabarmati Express train was set on fire at Godhra station in Gujarat. 59 people were killed in the fire. All these were kar sevaks, who were returning from Ayodhya. After the Godhra incident, riots broke out all over Gujarat. 1,044 people were killed in these riots. At that time Narendra Modi was the Chief Minister of Gujarat.

The day after the Godhra carnage, i.e. on February 28, 69 people were killed by an unruly mob in Gulberg Housing Society, Ahmedabad. Among the dead was former Congress MP Ehsan Jafri, who lived in the same society. Due to these riots, the situation in the state had deteriorated so much that the army had to be brought down on the third day.

The burnt coach in Godhra railway yard is still standing after 20 years. No one is allowed to go here.

The commission of inquiry gave a clean chit to Narendra Modi.
On 6 March 2002, the Gujarat government constituted the Nanavati-Shah Commission to investigate the Godhra incident. Retired High Court judge KG Shah and retired Supreme Court judge GT Nanavati became its members. The commission submitted the first part of its report in September 2008. In this, the Godhra incident was described as a well-planned conspiracy. Also clean chit was given to Narendra Modi, his ministers and senior officers.

Justice KG Shah passed away in 2009. After this retired judge of Gujarat High Court Justice Akshay Mehta became its member and its name became Nanavati-Mehta Commission. It presented the second part of its report in December 2019. In this also the same thing was repeated, which was said in the first part of the report.