Teesta Setalvad Moves Gujarat High Court to Quash Evidence Fabrication Case

TEESTA SETALVAD Law Insider

LI Network

Published on: 1 August 2023 at 11:15 IST

Human rights activist Teesta Setalvad has filed a petition with the Gujarat High Court seeking to have the case lodged against her by the Special Investigation Team (SIT) quashed.

The case alleges that Setalvad fabricated evidence related to the 2002 Godhra riots in an attempt to implicate higher officials of the then Gujarat government. Senior Advocate Mihir Thakore confirmed the development, stating that Setalvad’s plea will likely be heard by a single-judge bench.

Setalvad’s legal troubles began when she was arrested in June of last year, a day after the Supreme Court made adverse remarks against her while dismissing a plea by Zakia Jafri, the wife of slain Congress Member of Parliament Ehsan Jafri, who was killed during the 2002 Gujarat riots. She was charged with conspiracy and fabricating evidence in connection with the 2002 riots cases.

The Supreme Court later granted her interim bail in September 2022, directing her to seek regular bail from the Gujarat High Court.

However, in July 2023, Justice Nirzar Desai of the Gujarat High Court denied her regular bail, stating that her release could deepen communal polarization in the State. Justice Desai also ordered Setalvad to immediately surrender before the Gujarat Anti-Terrorism Squad (ATS).

Following this, Setalvad approached the Supreme Court for interim bail, which was granted for a period of seven days. Subsequently, on July 19, the Supreme Court granted her regular bail, overturning the Gujarat High Court’s decision, deeming it as ‘perverse.’ However, a day later, a sessions court in Ahmedabad rejected her application seeking discharge from the case.

Setalvad is now seeking to quash the case against her at the Gujarat High Court.

The court is expected to review her plea in due course.

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