Gujarat Riots Fund Scam: SC Asks ASG If Any Significant Still Survives In The Case

The Supreme Court recently directed the ASG Mr S. V. Raju to submit if anything significant still survives in the Teesta Setalvad case.

The case pertains to the three FIRs filed against Teesta and her husband Javed Anand for alleged scam of funds raised for victims of the Gujarat riots in 2002.

Mr. S.V. Raju, Additional Solicitor General, informed a Bench comprised of Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar that Teesta Setalvad had stated that she had cooperated in the probe. It recorded in the order –

“Ld. ASG submits that he needs a short accommodation to take instructions whether substantively anything survives in the matter in view of the submission made on behalf of the petitioner that the petitioner has cooperated in the investigation.”

Earlier, the top Court had asked the CBI and the Gujarat government if they wanted to re-arrest social activist Teesta Setalvad and her husband Javed Anand, who had been free on bail for almost seven years.

Appearing for Setalvad, Senior Advocate Kapil Sibal had shared with the Court a note with a list of all the matters pending with the current status. “These are problems that have been outstanding for eight-eight years. Anticipatory bail hearings have been ongoing for eight years. The high court has granted anticipatory bail. Regular bail has also been granted in a number of cases. There was no charge sheet filed. And the case is kept pending,” he stated.

“Question is how long can you keep someone in custody. Seven years have passed since anticipatory bail was granted. You want to send her back to custody,” Justice Kaul asked.

Advocate Rajat Nair, who represented the CBI and the Gujarat government, had requested more time to place additional material. The bench scheduled the matter for further hearing on 26 April, 2023.

Background

Ms Setalvad runs Citizen for Justice and Peace – a non-profit organisation formed in the aftermath of the 2002 violence to provide legal aid to victims of crimes like religious riots and terrorism.

She has long worked for victims of the violence in Gujarat state and accuses PM Narendra Modi, who was then chief minister, of participation.

She was arrested on charges of “forgery and fabricating evidence” in a riots case.

Her arrest was severely criticised by human rights organizations throughout the world.

It also triggered protests, with opponents accusing Mr Modi and his party Bharatiya Janata Party (BJP) government of discriminating against Ms Setalvad because of her job.

Ms Setalvad, a human rights lawyer, has been charged in at least seven cases since 2003, with charges ranging from breaking India’s foreign currency laws and embezzling monies obtained from riot victims to coaching witnesses in the trials.