The Supreme Court of India on Tuesday granted permission to activist Teesta Setalvad to travel to Malaysia for an upcoming anti-racism conference, marking a significant decision in light of her legal battles concerning the 2002 post-Godhra riot cases. Setalvad is scheduled to attend the conference from August 31 to September 10.
Senior advocate Kapil Sibal, representing Setalvad, informed a bench led by Justices B R Gavai and K V Viswanathan that Setalvad sought to travel abroad, following the Supreme Court’s earlier decision to keep her passport in the custody of the sessions court. Solicitor General Tushar Mehta, representing the Gujarat government, insisted that Setalvad file an undertaking ensuring her return to India to continue facing her trial.
Acknowledging Mehta’s concerns, the bench directed Setalvad to provide a solvent surety of Rs 10 lakh, satisfactory to the sessions court, and to file a formal undertaking affirming her commitment to return and face legal proceedings. Upon her return, Setalvad is required to re-surrender her passport to the trial judge.
This legal development follows the Supreme Court’s 2023 decision, which overturned the Gujarat High Court’s order denying bail to Setalvad. The High Court had acted following an FIR lodged against her, alleging the fabrication of evidence in the aftermath of the 2002 Gujarat riots, specifically in the case of Zakia Jafri, widow of slain Congress MP Ehsan Jafri who was killed during the riots at the Gulberg Housing Society.
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The FIR implicated Setalvad along with two other prominent figures, former IPS officer Sanjiv Bhatt and former DGP RB Sreekumar, citing the Supreme Court’s observations about attempts to exploit the judicial process for personal agendas.
