Supreme Court Declines To Release Teesta Setalvad's Passport Since No Definite Foreign Travel Plan Given

The Supreme Court today disposed of a plea filed by Teesta Setalvad seeking release of her passport, which has been surrendered as part of her bail conditions while permitting her to approach the Court again whenever she intends to travel abroad.

A bench of Justice Dipankar Datta, Justice Satish Chandra Sharma and Justice Alok Aradhe disposed of the matter without passing any directions on the release of the passport, granting liberty to Setalvad to file a fresh application whenever she seeks to travel abroad.

The Court orally observed that the passport would not be released unless the petitioner provided details of her proposed travel.

During the hearing, Senior Advocate Kapil Sibal, for Setalvad, sought release of the passport, highlighting that in any case, Setalvad would require the Court's permission if she plans to travel abroad.

He said that there are no upcoming travel plans, but the immediate concern was that her passport renewal was due within a year, and she would need the document for that process.

Justice Datta replied that when the issue of renewal arises, the Court would pass appropriate directions to facilitate it. “When it comes for renewal then definitely they will renew it. We will make a direction for that. However for release of passport you need to give us final itinerary of foreign travel before we release passport”, he said.

However, he made it clear that for release of the passport, the petitioner must furnish the final itinerary of her foreign travel.

“Obviously, if she goes abroad, she will need the passport. But then you will have to tell us when and where. We will not release it like this”, Justice Datta observed, adding that Setalvad may file a fresh application when she wishes to travel abroad.

He said that the matter could be taken up expeditiously, noting that today's hearing itself had been scheduled quickly. He added that since the issue concerns a fundamental right, the Court would not keep such requests pending and the petitioner could approach the Court as and when required.

Earlier this month, the Court had directed that Setalvad's application be placed before a three-judge Bench, as her bail had been granted by a bench of the same strength in 2023.

In 2023, the Court had set aside a Gujarat High Court order denying her regular bail in a case registered by the Gujarat Police alleging fabrication of evidence in connection with the 2002 riots cases. One of the bail conditions required her passport to remain in the custody of the Sessions Court.

Previously, the Court has allowed her to travel to Amsterdam for the world premiere of her documentary “CycleMahesh” and to Malaysia to attend an anti-racism conference, subject to conditions imposed.

Case No. – MA 1233/2026 in Crl.A. No. 2022/2023

Case Title – Teesta Atul Setalvad v. State of Gujarat