Teesta, others 'hatched larger conspiracy to implicate then CM Modi at the behest of Ahmed Patel': Gujarat SIT

The Gujarat government appointed-Special Investigation Team (SIT), probing activist Teesta Setalvad, ex-DGP RB Sreekumar and former DIG Sanjiv Bhatt for allegedly fabricating evidence in 2002 post Godhra riot related cases, has claimed that Setalvad and other co-accused as part of a "larger conspiracy" acted to "dismiss or destabilize" then Gujarat government "by hook or crook" and implicate authorities including then Chief Minister Narendra Modi "at the behest of late Ahmed Patel, then member of parliament from Rajya Sabha and political advisor to the president of Indian National Congress."

These claims were made in an affidavit filed before a Sessions court in Ahmedabad on Friday while opposing regular bail application by Setalvad, who is lodged at Sabarmati Central Jail in Ahmedabad. The affidavit, submitted by investigating officer, assistant commissioner of police, Baldevsinh C Solanki, has claimed, "The political objective of the applicant while enacting this larger conspiracy, was dismissal or destabilization of the elected government in Gujarat by hook or crook,for which the applicant had obtained illegal financial and other benefits."

The affidavit claims, "That ocular and documentary evidence collected by the present SIT in the brief period of investigation provide ample grounds to support the allegation of larger conspiracy by the present applicant, other persons and those who may be found out during investigation have committed offence to achieve political, financial and other material benefits by means of executing a well thought of larger conspiracy."

Referring to two unnamed witnesses, the affidavit alleges that Setalvad's "political objective while enacting a larger conspiracy was "dismissal of or destabilization of the elected government of Gujarat by hook or by crook, for which the applicant had obtained financial and other benefits and rewards from the rival political party in lieu of her attempts to wrongly implicate and prosecute various authorities and other innocent persons in the state of Gujarat, including the then Chief Minister."

The investigating officer, Solanki, has stated, citing two witnesses, that Setalvad had allegedly started the conspiracy "just few days after the Godhra train incident" and held meetings with Ahmed Patel. The senior Congress leader from Bharuch, Ahmed Patel, a close confidante of Congress president Sonia Gandhi, passed away in November 2020.

The affidavit claimed, "She received Rs 5 lakh at the first instance, where the money was given to her by one witness on the instruction of late Ahmed Patel. Two days later, in a meeting conducted at the Government Circuit House, Shahibaug between Late Ahmed Patel and the applicant, the said witness had handed over Rs 25 lakh more to the applicant on the instruction of Late Ahmed Patel."

Solanki has said that the "money was not part of any relief related corpus as all relief material in the form of food materials and other essential commodities was provided across Gujarat by one Gujarat Relief Committee." Solanki has said that his meeting has been corroborated by the "material" collected during his investigation."

The affidavit also claims, citing the two unnamed witnesses, that meetings of the accused persons were also held at Ahmed Patel's residence in Ahmedabad. "The witness statements recorded show that on various occasions when Teesta Setalvad and Sanjiv Bhatt used to meet at the latter's (Patel) residence talks used to be concerning the collection of funds in the name of riot affected persons."

It says further says, "The ocular evidence collected by the investigating officer points to several meetings that were conducted in Delhi with political leaders after the riots, wherein it was discussed by the accused applicant with the leaders of a prominent national party in power at that time to implicante names of senior leaders of the BJP government of the state of Gujarat in these riot cases."

The affidavit also mentions exhumation of 28 human remains in Pandervada village of Mahisagar district in 2006 which was unearthed following intervention of Setalvad. The affidavit claims that here she allegedly remarked that "The BJP government would have to resign in three days." The affidavit further says, "Her political ambition is further revealed in the course of conversation that was made by her i the presence of the witness with an unknown political leader, where she had remarked, "Shabana ane Javed Miya Bibi ne chance aapvano? Mane Kem Rajya Sabhana member banavta nathi. (You gave chance to the husband-wife, Shabana and Javed, why don't you make me Rajya Sabha member.)"

Claiming that there was "political nature of the conspiracy of involving political authorities of Gujarat government in vexatious and malicious prosecution" one of the unnamed witness is said to have told the SIT that Setalvad allegedly wanted Vithalbhai Pandya, father of slain BJP leader Haren Pandya, to sign "on the already drafted complaint", which he reportedly to do as it had names of several innocent persons. It says that when Setalvad came to know allegations of Pandya that the then chief minister (Modi) was responsible for murder of his son, she "attempted to be in contact with Vithalbhai Pandya and to make him join Citizen for Justice and peace (an NGO which was formed by the applicant few days after the Godhra Train incident)."

It further added, "Vithalbhai Pandya was also taken to Bombay to meet the applicant. It has also emerged that a written complaint of Vithalbhai Pandya was prepared in the office of advocate Sohail Tirmizi (advocate for the applicant) as per the advice and instructions of the applicant and the co-accused R B Sreekumar."

Along with Setalvad, SIT has also arrested Sreekumar and Sanjiv Bhatt. The affidavit mentions, citing the two unnamed witnesses, that several meetings were held at Ahmed Patel's new Delhi residence where Bhatt met Patel around four months after the riots in "a clandestine manner."

The witnesses are also said to have told the SIT that "for her (Setalvad) efforts in malicious and vexatious prosecution and litigation and for the efforts of her team to falsely project the theory of larger conspiracy in an effort to falsely implicate person(s) with no role in the crimes, the present applicant was awarded "Padma Shri" by the then government of India in the year 2007." As a matter of fact, Setalvad, while assisting Zakia Jafri have been claiming that there was a "larger conspiracy" behind the 2002 riots and alleged that then CM Modi and over 60 state functionaries were responsible.

Their allegations were dismissed by the Supreme Court appointed SIT which said that there was no proof of larger conspiracy. This SIT filed a closure report which were upheld by lower court and Gujarat High Court. On June 24, while upholding the report, Supreme Court made 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, Sreekumar and Bhatt.

The affidavit, citing various emails, says, "It appears that Sanjiv Bhatt was holding personal meetings with senior Congress leaders as well. In one of the emails, he even mentioned that he was "under exploited" by the lawyer representing Congress before Nanavati Commission of Inquiry. It would suffice to mention here that from the various such email interactions between Congress leaders and others with Sanjiv Bhatt receiving "packages" and also legal assistance provide further credence to their implications in commission of offences done pursuant to the political motive of the larger conspiracy."