Supreme Court declines to return Teesta Setalvad’s passport without travel details

The Supreme Court on Wednesday indicated it was not inclined to return the passport of social activist Teesta Setalvad, stating that any request would be considered only when she submits a specific travel itinerary.

Setalvad had deposited her passport with a trial court in Gujarat as a bail condition imposed by the apex court in July 2023, when it ordered her release in a case alleging fabrication of evidence linked to the 2002 Gujarat riots.

Hearing her plea, a bench comprising Justices Dipankar Datta, S.C. Sharma and Alok Aradhe observed that the passport could not be returned without justification. The court told her counsel that she must present a clear case, supported by travel details, before any such request would be entertained.

Senior advocate Kapil Sibal, appearing for Setalvad, argued that her passport is due for renewal next year and that she requires it in advance to complete visa and travel formalities. He added that short timelines make it difficult to obtain timely hearings whenever she needs permission to travel abroad.

The bench responded that, as the matter concerns the fundamental right to travel overseas, it would not cause unnecessary delay. It also noted the prompt constitution of the three-judge bench to hear the application. On the issue of renewal, the court assured that appropriate directions would be issued to ensure the passport is renewed when required.

Sibal further pointed out that even with the passport in hand, Setalvad would still need court permission for foreign travel, which prompted the present application. The court, however, concluded that no specific order was necessary at this stage and disposed of the plea, granting her liberty to apply whenever she intends to travel abroad.

Setalvad was granted regular bail by the Supreme Court on 19 July 2023 in a case concerning the alleged fabrication of documents to implicate innocent individuals in the aftermath of the 2002 Gujarat riots. In doing so, the court set aside a 1 July 2023 decision of the Gujarat High Court that had denied her bail. It held that custodial interrogation was unnecessary, as the charge sheet had already been filed and the evidence was largely documentary.

The court also directed that Setalvad must not attempt to tamper with evidence or influence witnesses, allowing the Gujarat Police to seek cancellation of bail if these conditions are breached.

The case against Setalvad arose after a 24 June 2022 judgment by the Supreme Court dismissing a petition filed by Zakia Jafri, who sought an investigation into a wider conspiracy behind the 2002 riots. Her plea had earlier been rejected by the Gujarat High Court in October 2017. Jafri is the widow of former Congress MP Ehsan Jafri, who was killed during the violence.

Setalvad had supported Jafri in proceedings before both the Gujarat High Court and the Supreme Court. In its 2022 ruling, the apex court criticised the challenge to the findings of the Special Investigation Team (SIT), which had probed the riots under its supervision, suggesting that those involved in what it termed an abuse of process should face legal action.

Following that judgment, the state government registered a case against Setalvad and arrested her, along with former IPS officer Sanjiv Bhatt and former Gujarat Director General of Police R. B. Sreekumar.