Show travel itinerary for passport release: Supreme Court to Teesta Setalvad

The Supreme Court on Wednesday told activist Teesta Setalvad that she would have to disclose details of travel plans if she wanted the release of her passport, which was earlier surrendered as a condition for the grant of bail [Teesta Atul Setalvad v. State of Gujarat].

Setalvad is presently out on bail in connection with a criminal case involving allegations that she was involved in a conspiracy to malign the State of Gujarat and then Chief Minister Narendra Modi for their handling of the 2002 Gujarat riots.

Her passport was surrendered as a condition for bail in this case.

A Bench of Justice Dipankar Datta, Justice Satish Chandra Sharma and Justice Alok Aradhe today dealt with Setalvad's application for the release of her passport.

The Court made it clear that for the release of her passport, Setalvad would have to make out a case that she is scheduled to travel abroad.

“For travelling abroad, (if) you want your passport back, you need to make out a case that you are scheduled to travel abroad on so and so date,” Justice Datta remarked.

Senior Advocate Kapil Sibal, appearing for Setalvad, submitted that the passport may require renewal within a year.

The Court replied that renewal would be permitted if required, but reiterated that release of the passport would depend on a concrete travel itinerary.

“Are you scheduled to go out anywhere soon? As soon as you fix your itinerary, you let us know… because we will not return the passport like this," Justice Datta said.

“Once we go for approval, it takes time to get permission from this Court. By that time, the date passes and then I cannot go,” Sibal pointed out.

The Court, however, assured that such applications would be taken up expeditiously.

“You have seen how fast we have assembled… since it is a matter of fundamental right, we will not keep the matter in cold storage," the Bench said.

The Court noted that no orders were required at this stage and closed Setalvad's application.

"This application is disposed of without any order. However, as and when the petitioner desires to travel abroad, she may file a fresh application," the Court ordered.

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