"Zakia Jafri was used as a tool to defame Modi:" Gujarat court refuses bail to Teesta Setalvad, RB Sreekumar

A Gujarat court on Saturday refused to grant bail to activist Teesta Setalvad and former DGP of Gujarat RB Sreekumar, who were arrested by a Special Investigation Team (SIT) after the Supreme Court judgment which had urged action against persons who had made false allegations against State of Gujarat regarding its handling of the 2002 communal riots [Teesta Atul Setalvad and Another v. State of Gujarat]..Additional Principal Judge Dilipkumar Dhirajlal Thakker was of the view that the complaint filed by Zakia Jafri against the then Chief Minister Narendra Modi and other officials with regards to Gujarat Riots was inspired and instigated by Teesta Setalvad and RB Sreekumar and other accused."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," the order said. The Court also noted that the false documents and affidavits were filed by the accused with a view to defame the government not only in India but also abroad and with a view to get monetary benefit from other countries for their personal goals and aspirations. The offences registered against Setalvad and RB Sreekumar are under Sections 194 (giving or fabricating false evidence), 211 (false charge of offence), 218 (public servant framing incorrect record), 468 (forgery for purpose of cheating), 471 (using forged document as genuine) and 120B (criminal conspiracy) of the Indian Penal Code (IPC) 1860.The sessions Court noted that if applicants-accused are enlarged on bail then it would impliedly encourage wrong doing."If the applicants-accused are enlarged on bail then it would impliedly encourage to the wrong does that in-spite of doing such type of accusations against the then C.M. and others, the Court has lightly enlarged the accused on bail. 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," the Court said. It was also of the view that if the applicants are released on bail, then they will tamper with the evidence or influence the investigation.Therefore, the bail applications were dismissed..On June 24, 2022, the Supreme Court had dismissed the plea by Zakia Jafri, wife of former Congress Member of Parliament Ehsan Jafri who had challenged the Gujarat High Court’s decision of 2017 upholding the Magistrate's decision to accept the closure report filed by the SIT in the case.While dismissing the plea, the top court had made observations against persons more specifically Gujarat officials, including former DGP of the State RB Sreekumar, terming them "disgruntled".The Court said that there was a coalesced effort by the disgruntled officials of the State of Gujarat to create sensation by making revelations that were false to their own knowledge."At the end of the day, it appears to us that a coalesced effort of the disgruntled officials of the State of Gujarat along with others was to create sensation by making revelations which were false to their own knowledge. The falsity of their claims had been fully exposed by the SIT after a thorough investigation," the judgment had said.Such officials need to be in the dock for "keeping pot boiling" with ulterior motive, the Court had said..[Read Order]