NEW DELHI, INDIA (TEH) — In an influential verdict that brings a degree of respite to civil rights activist Teesta Setalvad, the Supreme Court of India has granted regular bail to Setalvad, who was embroiled in a contentious case alleging the fabrication of evidence relating to the infamous 2002 Gujarat riots.
The Apex Court, acting as the highest judicial body in the nation, quashed the preceding order delivered by the Gujarat High Court. The latter had dismissed Setalvad’s plea for regular bail, and had instructed her immediate surrender, according to the Indian Economic Times. This decision by the Supreme Court offers Setalvad considerable legal relief, albeit with explicit instructions.
As per the Supreme Court’s order, Setalvad is obligated to refrain from any attempts to influence the case’s witnesses, maintaining a strict distance from them. This directive is accompanied by the court’s assurance of the existing filed charge sheet against Setalvad, which negates the requirement of her custodial interrogation.
A bench comprising of Justice BR Gavai, Justice AS Bopanna, and Justice Dipankar Datta deliberated over the arguments presented by both sides. Their judgment was regarding the allegations against Setalvad of faking evidence with the intent to falsely incriminate innocent individuals in the aftermath of the 2002 Godhra riots.
With the Supreme Court’s intervention, Setalvad’s plea for regular bail was finally granted, effectively overturning the order previously issued by the Gujarat High Court. In addition, the court acknowledged that Setalvad’s passport had already been deposited, thereby remaining in the custody of the sessions court.
Nevertheless, the Supreme Court extended an allowance to the Gujarat Police. In case Setalvad attempts to sway the case’s witnesses, the police department is empowered to directly approach the Apex Court.
#BREAKING #SupremeCourt grants regular bail to human rights activist #TeestaSetalvad in the Gujarat police case over alleged fabrication of evidence in 2002 riots cases.
Supreme Court says observations in the Gujarat HC order denying her bail are "perverse" & "contradictory". pic.twitter.com/DulFNGWpNP
— Live Law (@LiveLawIndia) July 19, 2023
Of particular note, Setalvad was arrested on June 25 last year, in conjunction with former Gujarat Director General of Police RB Sreekumar and ex-IPS officer Sanjiv Bhatt. Their detention in Ahmedabad was consequent to allegations of fabricating evidence to wrongfully incriminate innocent individuals during the post-Godhra riots. The accusation led to a case registered by the Crime Branch, which ultimately refused Setalvad and Sreekumar’s bail applications.
Subsequently, Setalvad appealed to the Gujarat High Court for bail. However, her plea was refused, prompting her to seek interim bail from the Supreme Court. It was then that the Apex Court granted her interim bail and directed her to submit her passport to the trial court, pending a decision from the Gujarat High Court on her regular bail plea.
This ruling by the Supreme Court offers Setalvad a significant legal respite, signaling a crucial shift in the course of this contentious case.
