New Delhi: The bench headed by Chief Justice of India UU Lalit has granted bail to social activist Teesta Setalvad who has been incarcerated since June 26 on charges of allegedly fabricating evidence to frame "innocent people" in the 2002 Gujarat riots cases.
A bench also comprising of justices S Ravindra Bhat and Sudhanshu Dhulia ordered Teesta to surrender her passport with the trial court till the time the Gujarat High Court decides her regular bail plea. The Apex court also asked Teesta to cooperate with the ongoing investigation as and when required.
"Appellant, a lady has been in custody since June 25. The offences alleged against her pertain to year 2002 and going by assertions, at best the concerned documents date to 2012. The investigating machinery has had the advantage of her custodial interrogation of seven days followed by judicial custody," the bench said while granting interim bail to Teesta.
Referring to the sequence of events of the case, the bench said the high court, while issuing the notice to the state government on the regular bail petition, should have considered the plea for grant of interim bail to her. The essential ingredient of custodial interrogation being completed, the matter of interim bail should have been heard," it said
The bench noted that Teesta was in police custody for seven days. The bench said since the high court is seized of the matter, it was not considering the regular bail petition. "We are only on during the pendency of such application, should the custody of appellant be insisted upon or be granted interim bail. We grant Teesta Setalvad interim bail," it said.
The top court had on Thursday wanted to know the reason for the delayed listing of Teesta's bail plea by the Gujarat High Court, wondering whether "this lady has been made an exception". It wondered why the high court listed the bail prayer for hearing on September 19, six weeks after it sent a notice to the state government seeking a response to her application.
Referring to the case against Teesta, which was registered days after the June 24 verdict of the apex court in the Zakia Jafri case, the bench said, Today as the case stands, the FIR is nothing but whatever has happened in the (supreme) court (judgement).
The bench was apparently referring to the verdict by the apex court bench led by Justice (since retired) AM Khanwilkar who had blamed the petitioners in the Zakia Zafri case for "keeping the pot boiling" and showing the "audacity" to question the integrity of the Special Investigation Team, and observed that "all those involved in such abuse of process need to be in the dock and proceeded with in accordance with law". Setalvad was arrested on June 25, a day after the verdict was pronounced. (with Agency inputs)
