The Gujarat High Court Judge, Justice Samir Dave, recused himself from hearing the plea filed by rights activist Teesta Setalvad.
The activist’s plea sought to quash FIR registered against her by the Special Investigation Team (SIT) for allegedly fabricating evidence related to the 2002 Godhra riots, with the purported aim of falsely implicating high-ranking officials of the then State government, including the former Chief Minister, Narendra Modi.
This plea, listed as item number 96 on the daily hearing board, was brought before Justice Dave. However, the advocate representing Teesta Setalvad mentioned the plea, and in response, Justice Dave chose to recuse himself. He stated, “Not before me. Place it before Chief Justice for assigning it to some other bench.”
Teesta Setalvad was arrested shortly after a three-judge bench of the Supreme Court made unfavorable remarks about her on June 24, 2022, while dismissing a plea by Zakia Jafri, the wife of the late Congress Member of Parliament (MP), Ehsan Jafri, who was tragically killed during the 2002 Gujarat Riots.
Setalvad faced charges of conspiracy and fabricating evidence to implicate higher officials of the then Gujarat government in cases related to the 2002 riots.
In September 2022, the Apex Court granted her interim bail in the case and directed her to seek regular bail from the Gujarat High Court. However, in a detailed order on July 1, a single-judge bench of Justice Nirzar Desai at the Gujarat High Court denied her regular bail. The court noted that granting her bail could exacerbate communal polarization in the State.
Consequently, Teesta Setalvad approached the Top Court for interim bail, which was granted on July 19. The apex court deemed the findings of the Gujarat High Court, which denied her bail, to be ‘perverse.’ However, a day later, a sessions court in Ahmedabad rejected her application for discharge from the case.
