Can Bail Restrict Foreign Travel? Supreme Court Clarifies in Teesta Setalvad Matter

The Supreme Court of India on Wednesday disposed of a plea filed by activist Teesta Setalvad seeking the release of her passport, which had been surrendered as part of her bail conditions. The Court, however, granted her liberty to approach it again whenever she intends to travel abroad.

A bench comprising Justices Dipankar Datta, Satish Chandra Sharma, and Alok Aradhe disposed of the matter without issuing directions for the immediate release of the passport. The Court made it clear that such relief would only be considered upon submission of specific travel details.

During the hearing, Senior Advocate Kapil Sibal, appearing for Setalvad, requested the release of the passport, pointing out that although there were no immediate travel plans, the document would soon be required for renewal purposes. He emphasized that Setalvad would, in any case, seek prior court permission before undertaking any foreign travel.

Responding to this, Justice Datta observed that the Court would pass appropriate directions when the issue of passport renewal arises. However, he stressed that the release of the passport would require a clear and final itinerary of the proposed 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,” the Court orally remarked, adding that Setalvad is free to file a fresh application when she plans to travel.

The bench further assured that such requests would be heard expeditiously, noting that matters involving fundamental rights would not be kept pending unnecessarily.

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 similar strength in 2023. In that year, the apex court had set aside a Gujarat High Court order denying her regular bail in a case registered by the Gujarat Police, which alleged fabrication of evidence related to the 2002 riots cases.

As part of her bail conditions, Setalvad was required to surrender her passport to the Sessions Court. In the past, however, the Court had permitted her to travel abroad — including to Amsterdam for the premiere of her documentary CycleMahesh and to Malaysia to attend an anti-racism conference — subject to specific conditions.

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