Supreme Court permits activist Teesta Setalvad to travel to Malaysia for conference

The apex court had in July last year granted her regular bail in a case of alleged fabrication of documents to frame innocent people in the 2002 post-Godhra riot cases.

New Delhi: The Supreme Court on Tuesday permitted activist Teesta Setalvadto travel to Malaysia for an anti-racism conference, subject to her furnishing solvent surety of Rs 10 lakhs.

A bench of Justices B R Gavai and K V Viswanathan ordered Setalvad to give an undertaking with details of her travel and also directed her to return the passport after the conference.

Solicitor General Tushar Mehta, appearing for the Gujarat government, however, pointed out that a special person Zakir Naik, a controversial Islamic preacher, who has been declared a fugitive, lived in Malaysia.

Setalvad has been on bail in connection with a criminal case involving allegations of a conspiracy to malign the Gujarat government and the then Chief Minister Narendra Modi in connection with the 2002 Gujarat riots.

Senior advocate Kapil Sibal for Setalvad said his client is seeking a relaxation of the bail condition to travel to Malaysia from August 31 to September 10 to attend an anti-racism conference. He also claimed that Setalvad's bank accounts had been frozen.

Mehta said if the court is allowing her to travel abroad then certain conditions should be imposed so that Setalvad's return to India is also assured to face the trial.

"We have serious apprehension,” Mehta said, adding Rs 10 lakhs solvent surety is nothing for the petitioner. The apex court said after her return from Malaysia, Setalvad would have to re-surrender her passport.

The court noted that the state government’s stand is relevant while allowing Setalvad to travel to Malaysia. The bench said she will have to file an undertaking before this court that she will return to India and face the trial.

In July 2023, the court granted regular bail to Setalvad in the Gujarat police case over the alleged fabrication of evidence in the 2002 riots cases. The court had then asked Setalvad to surrender her passport as a condition for bail.