SC rejects plea to release activist Teesta Setalvad’s passport, seeks travel itinerary

THe sublime margaret court on wed uttered its disinclination to give up the passport of social activist Teesta Setalvad insisting that as and when she submits an itinerary to travel abroad, her request for release of passport shall be considered.Setalvad had deposited her passport with a trial court in Gujarat as part of a bail condition imposed by the top court in July 2023 while directing her release on bail in a case of alleged fabrication of evidence in the 2002 Gujarat riots cases.Taking up the plea, 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 that since the term of the passport has to be renewed next year, the petitioner was requiring the same. He further submitted that whenever she has to travel abroad, she requires the passport in time to process her visa and other formalities and 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,” even as it pointed out the swiftness with which the three-judge bench was constituted to take up the present application.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 it was in these circumstances the application was filed.“No orders are required to be passed,” the bench said, as it disposed the application with the direction, “As and when the petitioner desires to travel abroad, she may file an application.”Setalvad was granted regular bail by the top court on July 19, 2023 in the case involving the alleged fabrication of documents to frame innocent people in the post-Godhra riot cases. The court even set aside the earlier decision by the Gujarat high court of July 1, 2023 denying her bail and held that Setalvad’s custodial interrogation was not necessary since the charge sheet in the case had been filed and the evidence was largely documentary in nature.It further directed that Setalvad will not make any attempt to tamper with the evidence or influence the witnesses in any manner and permitted Gujarat police to seek cancellation of bail in the event of violation of these conditions.The case against Setalvad was lodged following a top court verdict of June 24, 2022 by which the court turned down the plea filed by riot victim Zakia Jafri demanding investigation into the larger conspiracy behind the 2002 Gujarat riots. The petition was earlier rejected by the Gujarat high court in October 2017. 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 Gujarat high court and also in the top court. In its order of June 2022, the top court questioned Jafri for the “audacity” to question the integrity of special investigation team (SIT) which probed the riots cases under monitoring of the Supreme Court and every functionary involved in the process with an 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. Along with her, the Gujarat police also arrested expelled IPS officer Sanjiv Bhatt and former Gujarat DGP RB Sreekumar.