'A Special Person, Zakir Naik, Stays In Malaysia,' SG Tushar Mehta to SC on Teesta Setalvad Travel

The Supreme Court granted activist Teesta Setalvad permission to travel to Malaysia to attend an anti-racism conference, with the condition that she furnishes a solvent surety of Rs 10 lakhs. During the hearing, Solicitor General Tushar Mehta, representing the Gujarat government, remarked that Zakir Naik, a controversial Islamic preacher and declared fugitive, resides in Malaysia.

New Delhi: The Supreme Court on Tuesday granted permission to activist Teesta Setalvad to travel to Malaysia for an anti-racism conference, subject to furnishing solvent surety of Rs 10 lakhs. Solicitor General Tushar Mehta, representing the Gujarat government, quipped that a special person Zakir Naik, a controversial Islamic preacher, who has been declared a fugitive, lives in Malaysia.

A bench comprising justices BR Gavai and KV Viswanathan directed Setalvad to give an undertaking with details of her travel and also ordered that she should return her passport after the conference ends. During the hearing, Solicitor General Tushar Mehta, representing the Gujarat government, quipped that a special person stays in Malaysia and added, “Zakir Naik stays (there)…he is a declared (fugitive)”.

Currently, Setalvad is out on bail in connection with a criminal case involving allegations of a conspiracy to malign the Gujarat government and the then Chief Minister Narendra Modi in connection with the 2002 Gujarat riots.

Senior advocate Kapil Sibal, representing Setalvad, said his client is seeking a relaxation of the bail condition to travel to Malaysia from August 31 to September 10 to attend an anti-racism conference. The apex court was informed that Setalvad's bank accounts had been frozen.

Mehta said if the court is allowing her to travel abroad then certain conditions should be imposed so that Setalvad's return to India is also assured to face the trial. The apex court noted that the state government’s stand is relevant while allowing Setalvad to travel to Malaysia. The bench said she will have to file an undertaking before this court that she will return to India and face the trial.

Mehta said to let them say the details for the conference and the real purpose of the visit also and added, “We have serious apprehension…”. Mehta said Rs 10 lakhs solvent surety is nothing for the petitioner. The apex court said after her return from Malaysia, Setalvad would have to re-surrender her passport.

In July 2023, the apex court granted regular bail to Setalvad in the Gujarat police case over the alleged fabrication of evidence in the 2002 riots cases. Then, the apex court had also asked Setalvad to surrender her passport as a condition for bail.