'They Got Monetary Benefits From One Political Faction To Defame Gujarat Govt". Gujarat Court Denies Bail To Teesta Setalvad & RB Sreekumar

A Gujarat Court on Saturday denied bail to activist Teesta Setalvad and former ADGP RB Sreekumar arrested in a case of fabrication of evidence in relation to 2002 Gujarat riots larger conspiracy case. The duo was arrested after the Apex Court ratified the clean chit to Prime Minister Narendra Modi (then Chief Minister of Gujarat) in the 2002 riots case.

While denying regular bail and interim bail to both Setalvad and Sreekumar, Additional Principal Judge Dilipkumar Dhirajlal Thakkar observed thus:

"On carefully perusing police papers, it apparently appears that Zakia Jafri had been used as a tool by both the applicants- accused and others with a view to accusations levelled against the then C.M and others about incident was of larger conspiracy and with a view to that they have prepared false number of affidavits and documents, in-spite of the things, which were not in real with a view to defame the then C.M. as well as Bureaucrat and police personals as well as to defame country in the world as well as to get the monetary benefit from the other countries."

Perusing the material on record, the Court opined that the Teesta Setalvad was been provided monitory fund by the political faction with a view to highlight the incident as if it was "motivated and organized by the Government" and that both Setalvad and Sreekumar were actively involved in the conspiracy against Modi, Ministers, police officers as well as Bureaucrat etc.

"…it apparently appears that this case is being investigated by the SIT for the accusations of applicants-accused and others for larger conspiracy of post Godhra Train Incident by the then C.M. and others was considered to be not established. It is important to note that the matter is at the investigation stage, therefore, the contention of the ld. advocate for the applicants-accused with regard to bar of section 195(1)(b) and other contention that section 192 and 194 of IPC etc are not applicable is not tenable at this stage," the Court added.

The Court also noted that both Setalvad and Sreekumar had, in conspiracy to defame Modi and other officials that post Godhra riots were sponsored by the Government and defamed the State not only in country but in world, obtained personal goal and monetary benefit from one political faction as well as other countries.

"….and this case has been registered pursuant to the final decision of the complaint given by Zakia Jafri of dated 08/06/2006 and Zakia Jafri was guided by both these applicants-accused and others," the Court said.

The Court thus concluded that if bail is granted, the same would impliedly encourage others that in-spite of doing such type of accusations against the then C.M. and others, Court has lightly granted bail to the accused.

"Therefore, looking to the above facts and circumstance, even though the applicant is being a lady and another is retired IPS officer and aged person, they are not required to be enlarged on bail. Therefore, considering the rival contention of both the sides as well as affidavit and documents filed by both the sides, this court do not find it to be fit to exercise discretion in favour of the applicants-accused," the Court said.

The complaint by the Gujarat police names Setalvad, Retd IPS Officer RB Sreekumar and imprisoned former DIG (Gujarat) Sanjeev Bhatt alleging offences of forgery (468,471), giving false evidence (194), conspiracy (120B), fabricating records (218), false charges (211). Bhatt is in jail serving life imprisonment in a case for custodial death.

Teesta was one of the petitioners in the plea seeking probe into alleged larger conspiracy behind Gujarat riots, which the Supreme Court dismissed on June 24. 

While dismissing the plea alleging larger conspiracy into Gujarat Riots, the Supreme Court had observed that the petition was filed with "ulterior motives" to "keep the pot boiling". The Court further said that action should be taken against those who abused process of law.

In its order the SC observed that a "coalesced effort" of disgruntled officials from Gujarat and others was to make false sensational revelations, which the Gujarat SIT "exposed."

"Intriguingly, the present proceedings have been pursued for last 16 years… to keep the pot boiling, obviously, for ulterior design. As a matter of fact, all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law."

Soon after the SC order, the Gujarat police registered the FIR the next day.

Click Here To Read Order