Teesta Setalvad Must Share Travel Plan For Passport: Supreme Court Disposes Plea

Teesta Setalvad at Supreme Court hearing on passport release plea
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Supreme Court hears Teesta Setalvad’s plea seeking release of passport

Supreme Court disposed of Teesta Setalvad’s plea, stating she must submit a travel itinerary before seeking release of her passport and may file a fresh application when required

The Supreme Court of India on Wednesday disposed of a miscellaneous application filed by Teesta Setalvad seeking release of her passport, observing that no order was required at this stage in the absence of a concrete travel plan.

The bench of Justices Dipankar Datta, Satish Chandra Sharma and Alok Aradhe made it clear that the Court would consider the request when a specific itinerary for foreign travel is placed on record.

Senior Advocate Kapil Sibal, appearing for Setalvad, submitted that she would in any case require the Court’s permission to travel abroad and also flagged that the passport would need renewal within a year.

Responding, Justice Datta remarked, “Are you scheduled to go out anywhere soon? As soon as you fix your itinerary, you let us know… because we will not return the passport like this.”

The Bench stated that a passport could be released once a definite travel plan is provided. “If you are travelling abroad, of course you will require your passport,” the Court noted, adding that renewal issues could be addressed separately with appropriate directions when the time arises.

Sibal reiterated that permission of the Court would be sought whenever travel is planned. However, the Bench maintained that a concrete itinerary was a prerequisite for considering release of the passport.

At the same time, the Court acknowledged the importance of the issue, observing, “It concerns a question of fundamental rights; we will certainly not leave the matter like this.”

In its order, the Court disposed of the application without granting any relief, while granting liberty to Setalvad to approach the Court again. “As and when the petitioner desires to travel abroad, she may file a fresh application,” the Bench directed.

On April 13, the Court had directed that the miscellaneous application filed by Teesta Setalvad seeking release of her passport be placed before a three-judge bench. The direction was passed by a bench of Justices Dipankar Datta and Satish Chandra Sharma, which noted that the original bail order in Setalvad’s case had been delivered by a three-judge bench.

Setalvad was granted regular bail in July 2023 in a case registered by the Gujarat Police alleging fabrication of evidence in connection with the 2002 Gujarat riots cases. The earlier judgment, delivered by a three-judge bench comprising Justices B.R. Gavai, A.S. Bopanna, and Dipankar Datta, had set aside the Gujarat High Court’s order denying her bail.

Notably, the Supreme Court has, on earlier occasions, permitted Setalvad to travel abroad for specific purposes. These included travel to Amsterdam for the premiere of her documentary “CycleMahesh” and to Malaysia for attending an anti-racism conference, both subject to conditions imposed by the Court.

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 detained by Gujarat Anti-Terrorism Squad on June 25, 2022.

In a related news, Jawaharlal Nehru University (JNU) Vice-Chancellor, Santishree Dhulipudi Pandit in 2023 had raised concerns about equal treatment by the Supreme Court during a book launch event in Pune. She had referred to the speedy relief granted to Teesta Setalvad by the Chief Justice on a Saturday night and questioned whether similar expediency would be afforded to others. “The Leftist ecosystem still exists. You know, the Chief Justice of the Supreme Court opened the court on a Saturday night to give Teesta Setalvad bail. Will it happen for us",
she said, as per reports.

Case Title: Teesta Atul Setalvad v. State of Gujarat

Bench: Justices Dipankar Datta, Satish Chandra Sharma and Alok Aradhe

Hearing Date: April 29, 2026

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