Gujarat riots case: Justice Samir Dave recuses from hearing Teesta Setalvad’s plea to quash FIR

Earlier in November last year, Justice Dave had also recused himself from hearing Setalvad’s bail application in the case.

Setalvad is facing charges under sections 468 (forgery for purpose of cheating), 469 (forgery), 471 (using as genuine a forged document or electronic record), 194 (giving or fabricating false evidence with intent to procure conviction of capital offence), 211 (false charge of offence made with intent to injure), 218 (public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture) and 120B (criminal conspiracy) of the Indian Penal Code.

The FIR was lodged by the Detection of Crime Branch police station in Ahmedabad. As per the chargesheet in the case, Setalvad had hatched a conspiracy to institute a false case with false evidence, allegedly in a bid to implicate then chief minister (now PM) Narendra Modi, higher officials of the state government and top leaders of the BJP for the large-scale deaths in the 2002 communal riots.

Earlier, on July 19, the Supreme Court had granted Setalvad relief by allowing her bail. A day later, an Ahmedabad court had refused to discharge Setalvad from the charges, saying that “there is prima facie evidence” against her to frame the charges.