AHMEDABAD: Judge Samir J. Dave of the Gujarat High Court recused himself today from hearing the appeal filed by activist Teesta Setalvad to quash the case launched against her by Gujarat Police accusing her of manipulating evidence in connection with the 2002 Gujarat riots.
Justice Dave responded, "Not before me," “Place it before the Chief Justice for possible transfer to another bench.” He said when Teesta’s advocate brought up the case for hearing in his court.
In order to bring the case before the proper court, the Gujarat High Court Chief Justice's order is now required.
In November of last year, Justice Dave recused himself from hearing Setalvad's bail application in the case.
On June 24, 2022, the Supreme Court rejected a plea filed by Zakia Jafri, whose husband, former Congress MP Ehsan Jafri, was killed during the riots, challenging the SIT's clean chit awarded to then-chief minister Narendra Modi and others in the 2002 Godhra riots cases.
Soon After the Supreme Court verdict, Ahmedabad Detection of Crime Branch (DCB) filed an FIR against Activist Teesta Setalvad, former Director General of Police R B Sreekumar, and Former IPS Sanjeev Bhatt for plotting to falsely implicate innocent persons in the Gujarat riots of 2002.
Setalvad has been booked under sections 468 (forgery for the purpose of cheating) and 194 (giving or fabricating false evidence with intent to procure conviction for capital offense) of the Indian Penal Code, among others.
The Supreme Court later granted Teesta Setalvad interim bail in the matter in September 2022. However, The Gujarat High Court rejected her regular bail on July 1, 2023, stating that releasing her on bail would exacerbate the state's communal division.
Setalvad later petitioned the Supreme Court for interim bail. On July 19, the Supreme Court granted her regular release, stating that the Gujarat High Court's decision to refuse her bail was 'perverse.'
