In a significant development, the Supreme Court has granted regular bail to human rights activist Teesta Setalvad in connection with her alleged role in fabricating evidence in the 2002 Gujarat riots case. The apex court overturned the Gujarat High Court’s order, which had denied her regular bail, terming the High Court’s observations as “perverse” and “contradictory”.
The bench, comprising Justices BR Gavai, AS Bopanna, and Dipankar Datta, highlighted the contradictory approach taken by the High Court. The bench stated,
“We are at pains to say that the order passed by the learned judge makes an interesting reading. On one hand, the learned judge has spent pages to observe as to how it is not necessary rather nor permissible at the stage of bail to consider whether a prima facie case is made out or not. On the other hand, the learned judge goes on to discuss the statements of some witnesses and finds that prima facie case is made out. The findings are totally contradictory, to say the least.”
The Supreme Court further noted that custodial interrogation of Setalvad was not necessary as the chargesheet in the case had already been filed. The court granted her bail on the condition that she should not attempt to influence or intimidate the witnesses.
Senior Advocate Kapil Sibal, representing Setalvad, argued that the judgment of the Supreme Court in Zakia Jafri vs State of Gujarat did not enter any finding against Teesta Setalvad. He pointed out that the SIT did not make any arguments against Teesta too. The argument that Teesta had tutored witnesses was made by Solicitor General on behalf of the State of Gujarat.
Sibal questioned the haste in arresting Setalvad the day after the judgment based on the statement of the Solicitor General. He also highlighted that Setalvad was given interim bail by the Supreme Court on September 2, 2022, and the chargesheet was filed on September 20. He stated that Setalvad was not interrogated in judicial custody and the investigation is now complete. She has not violated any bail condition too.
The Supreme Court’s decision to grant bail to Teesta Setalvad marks a significant turn in the 2002 Gujarat riots case. This development is expected to have far-reaching implications on the case and the individuals involved.