Teesta Setalvad hatched conspiracy at the behest of senior political leader; received large sum of money: Gujarat to Supreme Court

The Gujarat Government has told the Supreme Court that the first information report (FIR) against rights activist Teesta Setalvad for falsifying evidence related to the 2002 Gujarat Riots, is not solely based on a top court judgment but is backed by evidence [Teesta Atul Setalvad and Another vs State of Gujarat]..In an affidavit filed before the top court, the State of Gujarat has submitted that the investigation so far has revealed a prima facie case against Setalvad for fabricating and falsifying evidence related to the communal riots of 2002."Investigation conducted so far has brought irrefutable material on record to substantiate the contents of the FIR that the applicant along with other accused persons had done various criminal acts of commission and commission to achieve political, financial and other material benefits by means of executing the conspiracy," the affidavit said.Pertinently, it said that the statements of witnesses established that Setalvad conspired with a senior leader of a political party. "It is submitted that the statement of witnesses establish that the conspiracy was enacted by the present petitioner along with other accused persons at the behest of a senior leader of a political party.It is submitted that the petitioner had held meetings with the set political leader and had received large amounts of money. It is submitted that it has come on record by way of the statement of a witness that such money was not part of any relief related Corpus," the affidavit stated.A Bench of Chief Justice of India Uday Umesh Lalit, S Ravindra Bhat and Sudhanshu Dhulia is currently seized of a bail plea filed by Setalvad after she was arrested for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots cases.The top court had issued notice to the Gujarat government on August 22, seeking its response. .Setalvad moved the Supreme Court seeking bail after she was arrested earlier this year.Setalvad's arrest came after a three-judge bench of the Supreme Court had made adverse remarks against her on June 24 while dismissing the plea by Zakia Jafri, wife of slain Congress MP Ehsan Jafri who was killed during the 2002 Gujarat Riots. Zakia Jafri had challenged the Gujarat High Court’s decision of 2017 upholding the magistrate's decision to accept the closure report filed by the SIT in the case.While dismissing the plea, the top court had made observations against Setalvad and former DGP Sreekumar, terming them "disgruntled".The Court said that there was a coalesced effort by them to create a sensation by making revelations that were false to their own knowledge..Subsequently, Setalvad was arrested by the Gujarat Anti-Terrorism Squad from Mumbai and taken to Gujarat. Sreekumar was also arrested from Gujarat.On July 30, an Ahmedabad sessions court refused to grant bail to Setalvad, noting that she and other accused appeared to have aimed to “destabilise” the Gujarat government and defame the State for ulterior motives.Setalvad then moved the Gujarat High Court for bail. On August 2, the Gujarat High Court had issued notice to the Special Investigation Team (SIT), asking it to respond to bail applications filed by Setalvad and former Gujarat Director General of Police (DGP) RB Sreekumar. The matter is slated to be heard by the High Court on September 19.It is this long gap for the next hearing date that Setalvad took objection to, in her appeal before the top court.She submitted that as per the judgment of the Supreme Court in Satendar Kumar Antil v. CBI, bail matters must be heard expeditiously."Despite the same, the first date fixed by Hon'ble High Court in the present case is after one and a half months," her plea said..In its response, the State government has contended that the ocular and documentary evidence collected by the SIT during its investigation provide ample grounds to support the allegation of larger conspiracy by Setalvad others."The same clearly established a prima facie case against the petitioner for an offence which serious enough and entails maximum punishment for life," the reply stated..Witnesses have stated that to further ends of the larger conspiracy, Setalvad generated false evidence and made false charges invoking the names of persons other than those stated by the victims and various riot cases, it was further contended..The Gujarat government has also questioned the maintainability of the plea, on the ground that once Setalvad approached Sessions court under Section 439 Code of Criminal Procedure, she should not be allowed to "bypass" the High Court, where the appeal is pending, and approach Supreme Court. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.