New Delhi: In a major relief for activist fraternity, renowned Journalist and Human Rights crusader Teesta Setalvad on Friday was set free by the Supreme of India on interim bail.
A bench headed by Chief Justice U.U. Lalit and justices S. Ravindra Bhat and Sudhanshu Dhulia said that since the essential custodial interrogation is complete, the matter of interim bail should have been heard, and noted that her bail plea is still pending before the Gujarat High Court.
Setalvad has been under custody since June 25 for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister Narendra Modi in the 2002 riots cases in the state.
"We grant Teesta Setalvad interim bail," the Supreme Court bench said while granting Teesta Setalvad interim bail.
The top court asked the high court to decide her bail plea, but in the meantime Setalvad will be out on interim bail. She had moved the apex court after the Gujarat High Court made a long adjournment on her bail plea while not passing any order of interim bail.
Teesta was arrested following some observation a bench of Supreme Court had made in an order dismissing Zakia Jafri's plea challenging clean chit to Prime Minister Narendra Modi in 2002 Gujarat riots case.
While dismissing the appeal filed by Zakia Jafri, wife of Congress leader Ehsan Jafri who was killed during the violence at Ahmedabad's Gulberg Society in 2002, on June 24, a bench headed by Justice A.M. Khanwilkar (now retired) said that the present proceedings have been pursued for last 16 years (from submission of complaint dated June 8, 2006 running into 67 pages and then by filing 514-page protest petition dated April 15, 2013) including with the audacity to question the integrity of every functionary involved in the process of exposing the devious stratagem adopted.
"To keep the pot boiling, obviously, for ulterior design. As a matter of fact, all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law," it said.
During the hearing on Teesta’s bail plea Thursday, the Supreme Court had slammed the BJP government in Gujarat for delaying its reply.
The SC had also expressed concern over Gujarat High Court’s order giving six week time to the state government to file its reply.
"Are you making an exception in case of this lady? How could HC make notice returnable by 6 weeks. Is that the standard practice in the high court?" the SC bench said on Thursday.
Chief Justice Lalit also observed that offences against Setalvad are normal IPC offences, having no bar on grant of bail.
"These are not offences like murder or bodily injury but based on documents like forgery etc. In these matters the normal idea is after normal police custody is over, there is nothing for the police to insist on custody..."
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