Teesta Setalvad used victims as ladder to get Padma Shri, tarnish image of then CM Narendra Modi: Gujarat High Court

Granting Teesta Setalvad bail in the evidence tampering case registered in connection with the 2002 Godhra Riots would widen the animosity between communities, the Gujarat High Court has observed. [Teesta Atul Setalvad v. State of Gujarat].In his 127-page ruling, Justice Nirzar Desai held that releasing Setalvad on bail would deepen the communal polarisation in the country."Prima facie, this Court is of the view that, today, if the applicant is enlarged on bail, that will deepen and widen the communal polarisation," the order stated. .Setalvad stands accused of fabricating documents to implicate higher functionaries of the then Gujarat government led by erstwhile Chief Minister Narendra Modi. Her plea for regular bail was rejected this morning by the High Court, which has also ordered her immediate surrender before the investigating authorities. .2002 Godhra Riots: Gujarat High Court dismisses Teesta Setalvad plea for regular bail, orders immediate surrender.In his bail rejection order, Justice Desai made several observations criticising the Setalvad's alleged conduct. The Court commented that Teesta Setalvad prima facie used victims and witnesses of the riots as a ladder for her own benefit."In the instant case I have seen that a Journalist i.e. applicant has started her career as Journalist and prima facie it seems that by using victim and witnesses as ladder for her own benefits the present applicant ultimately reached on to Padmashree to become Member of Planning Commission," the Court's order stated..The Court further observed that Setalvad appeared to have made active efforts to 'unsettle' the democratically-elected government by tarnishing the reputation of then Chief Minister Modi and the government machinery.This was done by using victims and convincing them to file false affidavits before various forums including the Supreme Court, the Court said.The judge added that she had used the sentiments of a particular community to her benefit, collected money for them, and ultimately did not help those victims as promised."If any leniency is shown towards such person, there is strong possibility that in future also, we may see many more persons coming out openly to help any entity in fulfilling their agenda in an illegal and unlawful manner and show readiness to do anything by playing with the sentiments of the community just to ensure that a particular political party gets sufficient swing in their favour by changing the mindset of people by exploiting their religious and communal feelings and provoking them as persons who are oppressed and are not given justice by the establishment," Justice Desai observed..The judge proceeded to observe that while social work is always welcome, such efforts should be genuine, selfless and unbiased. However, the Court added that in the present case, prima facie, Teesta Setalvad had "never worked in the direction of security justice and peace", although she formed an NGO in the name of Citizens for Justice and Peace."In fact she has even dared to file false affidavits before the highest forum of the country i.e. the Supreme Court," the Court said..The Court further remarked that Setalvad's work was mainly aimed at communal polarisation. This was done by provoking people and misleading various forums, including the Supreme Court, and even through letters to the United Nations Human Rights Commission (UNHRC), the High Court said..'Congress tasked Teesta to disrepute Narendra Modi and topple his government'.The judgment also extensively discussed the testimony of one Raees Khan, who is a witness in the case. Khan is stated to have helped Setalvad with procuring photographs of relief camps in Gujarat post the 2002 communal riots. The Court noted Khan's statement that Setalvad had introduced him to Congress leader the late Ahmed Patel, and that he witnessed the two speak about the riots when they met at the Circuit House, Ahmedabad. Notably, the Court observed that, as per Khan's account, Patel had allegedly called on Teesta to work at tarnishing the reputation of the then Gujarat Chief Minister Narendra Modi. "The witness has stated that Patel insisted Teesta to work in Gujarat in such a manner that the establishment in power at the relevant point of time and the then Chief Minister are sent the behind the bars and his reputation is tarnished. When she told, that to carry out such activities, she would require huge funds, Patel told her that she need not worry for that and she would get ample funds as per her requirement," the judge noted. .As per another witness, Narendra Brahmbhatt, the Congress leader initially paid ₹5 lakh and then ₹25 lakh to this end, the Court further observed."At that time, Teesta told Patel that in the month of April she will publish special edition of her magazine i.e. Communalism Combat and will break a big news, which would tarnish the image of the then Chief Minister to such an extent that he will have to resign. Hearing this, Patel was very happy and said that he would be very eagerly waiting for that special edition and assured that he would ensure that she would never be short of funds and told her to tarnish Modi's image to the best possible extent," the order recorded..Thereby, attempts were made to create an atmosphere to unsettle the then State government led by Modi and to tarnish his image, the Court remarked. .The Court further noted that Teesta had taken around 40 victims of the riots to Delhi to attend an event. Each victim spoke on a stage about the alleged atrocities they were subjected to. Patel was present at this event as well, along with other Congress leaders and some from the Leftist parties, the Court observed.The order adds that Setalvad is alleged to have later taken these victims to Patel's residence and assured them of justice, government jobs and financial assistance, once the government regime in Gujarat changes. These allegations also prompted the Court to decline the grant of bail. "...today some political party is alleged to have given her task to do the aforesaid things, tomorrow situation may raise that some outside force may utilise and convince a person to make efforts in similar line causing danger to the nation or to a particular State by adopting the same modalities."To prevent such re-occurrences as well, the Court opined that Teesta Setalvad's bail plea should be dismissed. .Setalvad and BBC journalist 'ear-poisoned' victims.The Court also took a serious view of allegations that Setalvad had been "ear-poisoning" victims against the government, according to one Narendra Brahmbhatt, who earlier worked for Congress leader Patel."Even one journalist of BBC namely Pankaj Shankar met the witness (Brahmbhatt) and said that he is a part of Teesta's NGO, looking after Britain and Gulf countries and they used to provoke the people against the government, take their interviews and due to that used to get funds from the Britain and Gulf countries.".Referring to statements made by Raees Khan, who parted ways with Setalvad in 2008, theCourt said that his testimony indicated how false allegations were made concerning the torture and oppression of minorities in Gujarat. By fabricating evidence, filing false affidavits, holding press conferences, projecting wrong facts, framing innocents and influencing witnesses, Setalvad collected huge funds from Islamic countries, the Court further remarked. .With these observations, the Bench dismissed her plea. .[Read Judgment]