Claim that money was taken is absolutely false: Teesta

Mumbai activist Teesta Setalvad's lawyer on Monday while referring to Special Investigation Team's (SIT) affidavit that claimed she conspired to "dismiss" the then Gujarat government led by chief minister Narendra Modi "at the behest of senior Congress leader late Ahmed Patel, denied the allegations.

Arguing for her bail, advocate Somnath Vatsa told the court, "Much has been sought to be made in the public domain to the extent that some money was taken. I won't mention those but the claim that money has been taken is absolutely false." While not mentioning the details of SIT affidavit claiming that she was part of the "larger conspiracy" to dislodge the then Gujarat government for alleged "financial and other benefits," Vatsa argued that assuming that she caused someone to "say something which was not true" the concerned agency (Supreme Court-appointed SIT) right from the filing of protest petition to the Supreme Court never pointed out anything that was false in the petition.

Zakia Jafri, the widow of ex-Congress MP Ahsan Jafri, had filed the protest petition before a metropolitan court against the SC appointed-SIT's closure report that gave a clean chit to Prime Minister Modi and over 60 other state functionaries from their alleged roles in the post-Godhra riots. The metropolitan court rejected her petition which was upheld by the high court and last month the Supreme Court also rejected her appeal.

However, in its order, the apex court made several adverse remarks against Setalvad, and others while stating, "those who had kept the pot boiling" with an "ulterior motive" for the past 16 years should be in the dock and be "proceeded with in accordance with the law". A day later, an FIR was registered against Setalvad, ex DGP, R B Sreekumar and ex IPS officer Sanjiv Bhatt. Bail pleas have been filed by Setalvad and Sreekumar. While Bhatt is under SIT custody.

Vatsa said that "to say that pot was left boiling, it has to have liquid, needs a pot, and fuel. It can't be in thin air." He said that there is a concept of the finality of proceedings and a matter can't be revisited again and again. He said that the SIT has not made any averments against Setalvad. "The Supreme Court verdict praises SIT at many places, then its wisdom too must be appreciated that there was no reason for them not to report (against Setalvad)."

Making arguments on law points, Vatsa also sought relief for Setalvad, who founded Citizen for Justice and Peace, which assisted the 2002 riots survivors in their legal battle, under section 436 of the code of criminal procedure (CrPC) for being a woman. He also mentioned that she was under security cover from 2004 to 2019 on the basis of the Supreme Court's direction.

The bail hearing will be continued on Wednesday when the special public prosecutor Mitesh Amin would argue. On a lighter note, he told the court that Vatsa's argument was merely a "peripheral argument" as he would need more time to put forth his points.