The first information report filed against activist Teesta Setalvad is not based merely on the Supreme Court’s judgement in the Zakia Jafri case but is backed by evidence, the Gujarat government has told the Supreme Court, Bar and Bench reported on Monday.

The Mumbai-based activist was arrested on June 26 for allegedly committing forgery and fabricating evidence in a case related to the 2002 Gujarat riots.

The Gujarat government, in an affidavit before the Supreme Court, has claimed that the investigation carried out till now by the state police’s Anti-Terrorism Squad has revealed a prima facie case against Setalvad for fabricating evidence about the riots.

Investigation conducted so far has brought irrefutable material on record to substantiate the contents of the FIR that the applicant along with other accused persons had done various criminal acts of commission and commission to achieve political, financial and other material benefits by means of executing the conspiracy,” the government told the Supreme Court.

The Gujarat government also cited statements by witnesses and said that Setalvad and other accused persons took part in a conspiracy to fabricate evidence at the behest of “a senior leader of a political party”. The activist held meetings with the leader and received a large amount of money, the government alleged.

“It is submitted that it has come on record by way of the statement of a witness that such money was not part of any relief related corpus,” the affidavit stated.

The Supreme Court is slated to hear the case on Tuesday.

On July 15, the Gujarat Police had told a court in Ahmedabad that Setalvad took part in a conspiracy to destabilise the state government after the 2002 riots. The police had claimed that the conspiracy had been planned at the behest of former Congress MP Ahmed Patel.

On June 24 this year, the Supreme Court dismissed allegations of a “larger conspiracy” levelled by Zakia Jafri, the wife of former Congress MP Ehsan Jafri, against Prime Minister Narendra Modi and other senior Gujarat officials. Modi was the chief minister of Gujarat in 2002.

In its judgement, the court read a statement made by the state government that Setalvad, a co-petitioner in the case, exploited the emotions of Zakia Jafri.

Just a day after the Supreme Court verdict, Setalvad, former Gujarat Director General of Police RB Sreekumar and suspended Indian Police Service officer Sanjiv Bhatt were booked by the Gujarat Police.

The police alleged that Setalvad, in order to push forward her agenda against the Gujarat government, “used the guise of collecting money in the name of riot victims” and used a Foreign Contribution Regulation Act licence to obtain foreign funding from various international non-government organisations.

In the aftermath of the riots, Setalvad had founded the organisation Citizens for Justice and Peace to help riot victims get justice. The organisation assisted the victims in filing cases, arranged funds to pursue the matters in courts and offered protection to witnesses.