2002 Gujarat riots case: Teesta Setalvad's bail request goes to 3-judge SC bench
Setalvad was arrested by the Gujarat Anti-Terrorism Squad in connection with a case registered against her for forgery and fabrication of evidence in the 2002 Gujarat riots.
- Jul 1, 2023,
- Updated Jul 1, 2023 10:25 PM IST
A Supreme Court bench of Justices AS Oka and Prashant Kumar Mishra on July 1, referred to a larger bench a plea filed by activist Teesta Setalvad challenging the Gujarat High Court’s June 24 order rejecting her plea to quash the FIR registered against her for alleged forgery and fabrication of evidence in the 2002 Gujarat riots case.
Setalvad was arrested by the Gujarat Anti-Terrorism Squad (ATS) in connection with a case registered against her for forgery and fabrication of evidence in the 2002 Gujarat riots.
This comes after earlier in the day, the Gujarat High Court denied her bail application and ordered her to surrender immediately.
The court of Justice Nirzar Desai rejected Setalvad’s bail plea and directed her to surrender immediately as she is already out of jail after securing interim bail. As the applicant is out on interim bail granted by the Supreme Court, she is directed to surrender immediately, the court said in its order. The court also refused to stay the order for a period of 30 days as sought by Setalvad’s lawyer after the pronouncement of the order.
Setalvad was taken into custody on June 25 last year along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in an offence registered by Ahmedabad crime branch police for allegedly fabricating evidence to frame “innocent people” in the post-Godhra riots cases. An Ahmedabad sessions court had on July 30, 2022, rejected the bail applications of Setalvad and Sreekumar in the case, saying their release will send a message to wrongdoers that a person can level allegations with impunity and get away with it
The 2002 Gujarat riots were triggered by the torching of a coach of Sabarmati Express by a mob near Godhra station on February 27 that year. Fifty-nine passengers, mostly Hindu Karsevaks returning from Ayodhya, were charred to death in the incident. Last month, the trial court rejected Sreekumar's plea for discharge in the case. Sreekumar is also out on interim bail in the case granted by Gujarat HC.
Former IPS officer Sanjiv Bhatt, the third accused in the case, has not applied for bail. Bhatt was already in jail for another criminal matter when he was arrested in this case.
Setalvad and the other two have been booked under Indian Penal Code sections 468, 471 (forgery), 194 (giving or fabricating false evidence with intent to procure conviction of capital offence), 211 (institute criminal proceedings to cause injury), 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture), and 120 (B) (criminal conspiracy).
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A Supreme Court bench of Justices AS Oka and Prashant Kumar Mishra on July 1, referred to a larger bench a plea filed by activist Teesta Setalvad challenging the Gujarat High Court’s June 24 order rejecting her plea to quash the FIR registered against her for alleged forgery and fabrication of evidence in the 2002 Gujarat riots case.
Setalvad was arrested by the Gujarat Anti-Terrorism Squad (ATS) in connection with a case registered against her for forgery and fabrication of evidence in the 2002 Gujarat riots.
This comes after earlier in the day, the Gujarat High Court denied her bail application and ordered her to surrender immediately.
The court of Justice Nirzar Desai rejected Setalvad’s bail plea and directed her to surrender immediately as she is already out of jail after securing interim bail. As the applicant is out on interim bail granted by the Supreme Court, she is directed to surrender immediately, the court said in its order. The court also refused to stay the order for a period of 30 days as sought by Setalvad’s lawyer after the pronouncement of the order.
Setalvad was taken into custody on June 25 last year along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in an offence registered by Ahmedabad crime branch police for allegedly fabricating evidence to frame “innocent people” in the post-Godhra riots cases. An Ahmedabad sessions court had on July 30, 2022, rejected the bail applications of Setalvad and Sreekumar in the case, saying their release will send a message to wrongdoers that a person can level allegations with impunity and get away with it
The 2002 Gujarat riots were triggered by the torching of a coach of Sabarmati Express by a mob near Godhra station on February 27 that year. Fifty-nine passengers, mostly Hindu Karsevaks returning from Ayodhya, were charred to death in the incident. Last month, the trial court rejected Sreekumar's plea for discharge in the case. Sreekumar is also out on interim bail in the case granted by Gujarat HC.
Former IPS officer Sanjiv Bhatt, the third accused in the case, has not applied for bail. Bhatt was already in jail for another criminal matter when he was arrested in this case.
Setalvad and the other two have been booked under Indian Penal Code sections 468, 471 (forgery), 194 (giving or fabricating false evidence with intent to procure conviction of capital offence), 211 (institute criminal proceedings to cause injury), 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture), and 120 (B) (criminal conspiracy).
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