Teesta Atul Setalvad v. State of Gujarat
In the Supreme Court of India
Crl. App. 338/2015
Before Justice Dipak Mishra and Justice A.K. Goel
Decided on March 19, 2015

Relevancy of the case: Using online platforms to raise donations in the name of 2002 Gujarat riot victims

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 72A)
• The Indian Penal Code, 1860 (Section 120B, 406, 420, 468)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The appellant-accused and her husband, both social activists, were trustees of two trusts. It is alleged that they raised a few crores of donations from India as well as abroad in the name of 2002 Gujarat Riot Victims.
• The complainant alleged that the pair promised to build a museum and for the same convinced victims not to sell their lands.
• The complainant stated that the accused conspired and committed a breach of trust, forgery, cheating, etc., and did not fulfil their promises or build the museum for the victims.
• The Sessions Court and the High Court rejected their anticipatory bail application.
• Hence, the present criminal appeal to decide whether the pair should be taken into custody for interrogation.

Opinion of the Bench

• The Court is of the view that the present case be placed before the Hon’ble Chief Justice for constitution of an appropriate larger bench.

Final Decision

• Anticipatory bail sustained.

This case summary has been prepared by Anushka Ojha, an undergraduate student at Bharati Vidyapeeth New Law College, Pune, during her internship with The Cyber Blog India in May/June 2021.