The Supreme Court today allowed Teesta Setalvad to travel to Malaysia for a period of eleven days for an Anti-Racism conference. The state of Gujarat objected to the request stating that controversial Islamic preacher Zakir Naik is also staying in Malaysia.

The Bench of Justice BR Gavai and Justice KV Viswanathan permitted Setalvad to travel on the condition of filing an undertaking before the court that she will return to India as scheduled and face the trial. The Bench also directed Setalvad to submit a surety of Rs.10 lakh.

During the hearing, Senior Advocate Kapil Sibal appeared for Setalvad and submitted, "It is an application where I am seeking permission of this court, because its your Lordships' order that I need to surrender my passport. I am seeking your Lordships' permission to go to Malaysia, for an Anti-Racism conference, which is from August 31 to September 10."

Sibal informed the Bench that the conference is on September 2. "Nobody can say that I will not return or that I am.." Sibal contended.

Solicitor General (SG) Tushar Mehta appeared for the State of Gujarat and submitted, "Let her file an undertaking."

Justice Gavai agreed to the SG's submission and said, "She can file an undertaking and we can also put some terms."

"No problem," Sibal submitted.

The SG further submitted that Teesta should give the details of the conference and what is the purpose of it.

Sibal submitted that they have already given details of the conference and that it is all annexed.

"What is the real purpose," SG Mehta submitted.

To this, Sibal submitted, "The real purpose is the conference. It's a 1993 organization of Malaysia. It is not some.."

SG Mehta then said that there is somebody else who stays in Malaysia, who is not coming here.

Sibal replied by saying that there are "lots of people" in London as well.

"In Malaysia, one special person stays. My Lords. Zakhir Naik stays there. He is declared a...," SG Mehta submitted.

"No. No. Lots of people are declared lots of things, in many islands as well," Sibal contended.

Taking note of the submissions, the Court noted that the applicant seeks permission to travel to Malaysia for 11 days, from August 31 to September 10, 2024.

The Bench asked Sibal, whether the Setalvad's husband is travelling with her.

To this query, Sibal responded in a negative.

The Court allowed the application to travel to Malaysia. "The applicant's passport be returned to her, so that she can travel abroad. The applicant shall file an undertaking before this court that she will return to India as scheduled and face the trial. The applicant shall also submit sum and surety of Rs.10 lakh to the satisfaction of the Sessions court," the Bench ordered.

Furthermore, the Court directed Setalvad to surrender her passport to the Sessions Court Judge on her return from Malaysia. Accordingly, the Court allowed her application.

Zakir Naik is absconding from enforcement agencies in India and is currently residing in Malaysia. His organisation was declared an unlawful organisation by the UAPA tribunal in May 2017.

Pertinently, on July 18, 2023, the Apex Court had granted regular bail to Teesta Setalvad in the case relating to the alleged fabrication of evidence to frame innocent people in the 2002 post-Godhra riots cases. The Court had noted that the charge sheet has been filed in the case against Setalvad and her custodial interrogation is not necessary. "The passport of the appellant already surrendered will be in custody of session court. The appellant shall not make any attempt to influence witnesses and shall stay away from them," the Bench had ordered. The Bench had also granted the Gujarat Police liberty to directly move the Apex Court if an attempt is made to influence witnesses in the case.

Setalvad was taken into custody on June 25, 2022 along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in a case registered by the Ahmedabad crime branch police for allegedly fabricating evidence to frame innocent people in the post-Godhra riots cases. An Ahmedabad sessions court had on July 30, 2022 rejected the bail applications of Setalvad and Sreekumar, saying their release will send a message to wrongdoers that a person can level allegations with impunity and get away with it. The High Court had on August 3, 2022, issued a notice to the state government on the bail plea of Setalvad and fixed the matter for hearing on September 19. Meanwhile, she moved the Supreme Court (SC) for interim bail after the High Court refused to consider her plea.

The Court had on July 1, 2023, in a special hearing at around 9.25 pm, granted a stay of the impugned order passed by the High Court for a period of one week. It was noted that the Single Judge of the High Court ought to have granted at least some protection so that the petitioner had sufficient time to challenge the order. Before the Apex Court, Solicitor General Tushar Mehta pointed out that such extraordinary efforts from the Apex Court were not called for in the matter. He had submitted that it should only do what it does when an ordinary citizen whose bail is rejected approaches the Court. Mehta said that an ordinary citizen who approaches the Court in appeal surrenders in compliance with the impugned order before challenging that order.

The High Court had noted that prima facie, Teesta has exploited the feelings of minorities by provoking them and manipulating things. The Supreme Court on September 2, 2022, granted an interim bail to Setalvad and directed the High Court to finally decide the matter.

Cause Title: Teesta Atul Setalvad v. The State of Gujarat [MA 1409/2024 in Crl.A. No. 2022/2023]

Justice BR GavaiJustice KV VishwanathanTeesta SetalvadZakir NaikUAPA

Sukriti Mishra