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Synopsis

The Gujarat Government has told Supreme Court that there is no reason to give "special treatment" to Teesta Setalvad who has been inter alia accused of fabricating evidence in order to embroil "innocent persons" in false cases concerning Gujarat Riots of 2002.

The Affidavit comes in the bail plea pending consideration before Supreme Court. The Government has countered her submission that "bails must be heard expeditiously", pointing out that there are "many similarly placed citizens awaiting hearing have been in jail for longer" and that the Gujarat HC is already slated to hear her bail application on September 19.

Last week, a bench of Justices UU Lalit, Ravindra Bhatt & Sudhanshu Dhulia had issued notice to Gujarat Government in the bail plea filed by Teesta Setalvad. It is expected to consider grant or non-grant of interim relief on the next date of hearing.

The government has said that since the bail is already pending before Gujarat High Court, there is no reason as to why the challenge should be entertained in Supreme Court, especially since Setalvad has already elected her own remedy and that to by-pass this would set a wrong precedent.

Further to this, Gujarat Government's affidavit filed by the Chairman of the Special Investigation Team (SIT) has further informed Supreme Court that it is incorrect to assume that the FIR has been filed against Setalvad has been filed at solely behest of the Supreme Court judgment which had called upon authorities to bring those to the dock who kept the "pot-boiling" in the Gujarat Riots cases for ulterior motives.

In this light, it is stated that the FIR has been filed on independent grounds which has already been reiterated in the FIR.

"investigation.. has unearthed pre-meditated and collusive criminal acts by various persons with the petitioner playing a major role in giving effect to the conspiracy for oblique purposes. ... documentary evidence collected by present SIT during this investigation provide ample grounds to support the allegation of larger conspiracy by the present applicant and ors.," the affidavit states.

Investigation clearly established a prima facie case against the Petitioner for an offence which is serious enough and entails a maximum punishment for life, the affidavit says, adding that the larger conspiracy had been hatched by the petitioner along with other accused persons with "oblique motives" as is "clearly emerging" in the statements of various witnesses which are serious and independent offences.

While opposing grant of interim relief to Teesta, the affidavit states that the investigating agency has collected sufficient material showing that she not only "wield substantial influence" but is also found to be exercising such influence over witnesses since 2002 onwards, which includes influence through money as well as through administering threats.

More Insight:

Top Court is hearing the plea filed by Setalvad in which she has claimed that she has been targeted by the state as she raised critical issues before this Court challenging the administration.

Her bail plea was rejected by an Ahmedabad court on July 30. Teesta Setalvad, a co-petitioner in the plea before Supreme Court challenging “clean chit” given to then Chief Minister Narendra Modi in the 2002 Gujarat riots case, was detainedby Gujarat Anti-Terrorism Squad on June 25, 2022.

Supreme Court had remarked that the plea by Zakia Jafri was filed with 'Ulterior Design' and that the protest petition against the Magistrate's order which accepted the closure report of the Special Investigation Team (SIT) was being pursued at behest of "dictation" of someone.

While dismissing the plea which challenged the clean chit to Narendra Modi in Gujarat Riots observed that the present proceedings have been pursued for the last 16 years to "keep the pot boiling, obviously, for ulterior design". While wrapping its knuckles on such abuse of process, top court added that those involved need to “be in the dock and proceeded with in accordance with law.”  

Following the judgment, Gujarat Anti-Terrorist Squad (ATS) proceeded to arrest Teesta Setalvad in connection with a fresh case of forgery, criminal conspiracy and placing false evidence in court to frame innocent people in the 2002 Gujarat riots case. Teesta Setalvad and others have been booked under IPC sections 468 (forgery) and 194 (giving or fabricating false evidence with intent to procure conviction for capital offence) among other offences.

The SIT had vehemently argued against grant of bail in Ahmedabad Court, stating that ocular and documentary evidence collected by it reveals that ample grounds exists to support allegation of larger conspiracy to achieve "political, financial and other material benefits" by means of executing a larger and well thought of conspiracy.

The court had also pointed out that it was argued by respondents that Teesta Setalvad had been vindictively pursuing the litigation for her ulterior design by exploiting the emotions and sentiments of Zakia. Interestingly, the same phrase has been used in the judgment's concluding remarks. 

Case Title: Teesta A Setalvad Vs. State of Gujarat