Teesta Setalvad Granted Bail by Supreme Court in Fabrication of Evidence Case

The legal battle surrounding Teesta Setalvad has been a matter of national debate. The case primarily revolves around allegations that Setalvad fabricated evidence related to the 2002 Gujarat riots to falsely implicate government officials. The Supreme Court, in a significant ruling, granted bail to Setalvad, overturning the Gujarat High Court’s denial.

Background of the Case

The case stems from the Supreme Court’s judgment in Zakia Ahsan Jafri vs. State of Gujarat (June 24, 2022), where the Court upheld the findings of the Special Investigation Team (SIT) that had cleared government officials of wrongdoing in the 2002 riots. The judgment accused certain individuals of misusing legal processes for ulterior motives and suggested they should be prosecuted. The very next day, on June 25, 2022, the Gujarat police filed an FIR against Teesta Setalvad under various sections of the Indian Penal Code (IPC) related to forgery and conspiracy.

She was arrested on the same day and later placed in judicial custody after seven days of police remand.

Charges Against Setalvad

Setalvad was charged under the following IPC sections:

Section 468: Forgery for the purpose of cheating
Section 469: Forgery for harming reputation
Section 471: Using forged documents as genuine
Section 194: Fabricating false evidence to secure conviction
Section 211: Instituting false criminal proceedings
Section 218: Public servant preparing incorrect records
Section 120B: Criminal conspiracy

The core allegation is that she coerced witnesses into providing false affidavits and fabricated evidence to implicate high-ranking officials, including the then-Chief Minister of Gujarat.

Proceedings Before the Gujarat High Court

After her judicial custody, Setalvad applied for bail in the Sessions Court, which rejected her plea on July 30, 2022. She then moved to the Gujarat High Court, which issued notice but did not provide interim relief. Aggrieved by the delay, Setalvad approached the Supreme Court, which granted her interim bail on September 2, 2022.

The Gujarat High Court later denied her regular bail on July 1, 2023, leading to the present appeal before the Supreme Court.

Arguments by the Appellant (Teesta Setalvad)

Senior advocate Kapil Sibal, representing Setalvad, made the following arguments:

Only Sections 194 and 468 of the IPC are non-bailable. Even if the allegations are accepted at face value, these sections do not apply.
Section 194 (fabrication of evidence to secure capital punishment) applies only to evidence presented in a court of law. No such evidence was submitted in court.
The Supreme Court’s observations in Zakia Jafri’s case were general remarks and should not have been used as the basis for a fresh FIR.
Setalvad was not a party to the Zakia Jafri case, and hence, she could not have influenced its outcome.
The allegations against her are politically motivated to silence dissent.

Arguments by the Respondent (State of Gujarat)

Additional Solicitor General S.V. Raju, representing the Gujarat government, opposed the bail, arguing:

Setalvad engaged in a conspiracy to destabilize a democratically elected government.
She coerced witnesses into signing false affidavits and misled authorities.
Her actions caused harm to innocent individuals by falsely implicating them in serious crimes.
Granting her bail would allow her to influence witnesses and tamper with evidence.

Supreme Court’s Observations

The Supreme Court, comprising B.R. Gavai, A.S. Bopanna, and Dipankar Datta, made critical observations:

The Gujarat High Court’s denial of bail was unjustified as the key circumstances had not changed since interim bail was granted.
The Gujarat High Court’s order lacked consistency as it discussed prima facie evidence but then denied bail based on procedural grounds.
Setalvad had been on interim bail for 10 months and was not called for questioning even once, which indicated that she was not a threat to the investigation.
The case involved documentary evidence, already in the possession of the authorities, making custodial interrogation unnecessary.
The Gujarat High Court’s refusal to stay its order, forcing immediate surrender, showed unnecessary urgency.

The Court stated:

“We fail to understand as to what was the alarming urgency to direct the appellant to surrender immediately, particularly when the appellant was enjoying interim protection under the orders of this Court.”

Read also: https://judgmentlibrary.com/supreme-court-upholds-acquittal-in-1987-custodial-killing-case-lack-of-evidence-cited/

Final Judgment

The Supreme Court granted regular bail to Teesta Setalvad, subject to conditions:

She must not attempt to influence witnesses.
She must continue to surrender her passport to prevent flight risk.
If the prosecution finds any evidence of witness tampering, they can approach the Supreme Court for modification of the order.

Implications of the Ruling

The Supreme Court’s ruling has broad implications:

It highlights the importance of due process and fair trials.
It underscores that courts must not deny bail without concrete reasons.
It reinforces that political dissent should not be criminalized without strong evidence.
It clarifies that allegations of fabricating evidence require solid proof, not just assumptions.

Setalvad’s case is emblematic of the balance courts must strike between ensuring accountability and protecting fundamental rights. With the Supreme Court’s intervention, she now has the opportunity to fight her legal battle as a free individual.

Petitioner Name: Teesta Atul Setalvad.
Respondent Name: State of Gujarat.
Judgment By: Justice B.R. Gavai, Justice A.S. Bopanna, Justice Dipankar Datta.
Place Of Incident: Gujarat.
Judgment Date: 18-07-2023.

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