By Matters India Reporter
New Delhi, Sept 2, 2022: The Supreme Court of India on September 2 granted interim bail to activist Teesta Setalvad, in jail since June for alleged conspiracy to “destabilize the government” after the 2002 Gujarat riots.
The interim bail would operate during the pendency of Setalvad’s case for regular bail in the Gujarat High Court.
She’d gone to the High Court, but it had posted the matter to over a month later.
“The HC ought to have considered the plea for interim bail during the pendency of the matter,” remarked the bench led by Chief Justice of India UU Lalit. “It’s a matter of record that the [Setalvad] was remanded to police custody for seven days and investigated everyday by the police… (and she) continues to remain in judicial custody (in Gujarat),” the court said in the order.
She was arrested on June 25, while the allegations relate to the 2002-2012 period, the court noted. “The investigation agency has had the advantage of custodian interrogation for seven days.”
The court’s tone was consistent with its comments September 1, when it said there is “no offence in this case over court which bail cannot be granted,” that too to a woman. Setalvad was in jail for more than two months and yet no chargesheet has been filed, the judges said during the September 1 hearing.
The apex court clarified that interim bail has not been granted on the basis of the merits of the case against Setalvad. The entire merits of the case shall be considered by the Gujarat HC independently and uninfluenced by the Supreme Court order.
The apex court further noted that the interim bail was granted largely on the ground that she was a woman. The bail order should not be used by her co-accused, it added.
The apex court said Setalvad should be produced before the trial court concerned for fixing her interim bail conditions, which shall include her participation in the pending proceedings of the case, surrender of her passport and rendering complete cooperation in the pending investigation