The Supreme Court of India, in a special hearing held on Saturday night, granted interim relief to social activist Teesta Setalvad, staying the Gujarat High Court’s order that denied her bail and directed her to immediately surrender. This decision is in connection with an FIR lodged against Setalvad for allegedly fabricating documents to implicate high government functionaries in the 2002 Gujarat riots.
Thank you for reading this post, don't forget to subscribe!The three-judge bench, comprising Justices BR Gavai, AS Bopanna, and Dipankar Dutta, noted the earlier order passed by the Supreme Court in September 2022, granting her interim bail. The bench stated,
“The law is settled to the effect that once a provision of the Central Law or a Rule is held to be unconstitutional by a High Court, the same would stand effaced from the statute book in respect of the entire Nation and it cannot be said that it would not be valid within the jurisdiction of the particular High Court and it would be valid in other areas.”
The bench also took into account that Setalvad is a woman entitled to special protection under Section 437 of the Code of Criminal Procedure. The court opined, “Taking this factor into consideration, the bench opined, the single bench of the High Court ought to have granted some time to the petitioner.”
Senior Advocate CU Singh, representing Setalvad, pointed out that a three-judge bench of the Supreme Court had granted interim bail to Setalvad till the High Court decided her bail application. He argued, “The high court also refused to stay the operation of the order for 30 days, but no reasons were given to explain the rejection. Immediate surrender was ordered.”
Solicitor-General Tushar Mehta, representing the State of Gujarat, urged the court to treat Setalvad as any ordinary citizen. He stated, “I would expect Your Lordships to do the same thing which will be done in the case of a common man who has been rejected bail since she is a common criminal.”
However, the bench expressed its disapproval over the ‘alarming’ urgency exhibited by the high court in asking Setalvad to immediately surrender, after being enlarged on interim bail for ten months. Justice Gavai questioned,
“What is the urgency in taking her into custody? Will the skies fall if interim protection is granted for some days? We are taken by surprise by what the high court has done. What is the alarming urgency?”
The court’s decision to grant interim relief to Setalvad marks a significant development in the ongoing legal proceedings related to the 2002 Gujarat riots. The case underscores the importance of the principle of liberty in the Indian judicial system, particularly in cases where there is a difference of opinion.