The Supreme Court has granted interim bail to activist Teesta Setalvad who is accused of fabricating evidence to frame "innocent people" in the 2002 Gujarat riot cases. She was arrested on June 25.
The top court said Setalvad should completely cooperate in the probe and surrender her passport. She is accused of criminal conspiracy, forgery, and other Sections of the IPC.
The SC bench had yesterday questioned the Gujarat High Court's decision to list her bail plea on September 19 which is almost six weeks after issuing the notice. Chief Justice of India U U Lalit asked the Gujarat government "what kind of material have you gathered in the last two months against her."
He said: "Number 1, the lady has completed more than 2 months of custody. Number 2, you must have had the benefit of custodial interrogation at some stage. So, therefore, is there anything which has actually been elicited out of such custodial interrogation because today as the things stand, the FIR has nothing but whatever has happened in Supreme Court," reported The Indian Express.
The court observed that Setlavad is charged with normal IPC offences and not POTA or UAPA. "Under section 437, a lady is definitely entitled to a favoured treatment."
She was arrested on the basis of an FIR lodged by Inspector Darshansinh Barad. He quoted a Supreme Court order extensively in his complaint. The activist is accused of an alleged conspiracy to "destabilise the government" after the 2002 Gujarat riots. The allegations relate to the 2002-2012 period.
Her plea for regular bail will continue to be heard by the Gujarat High Court. The Supreme Court did not appreciate the delay in hearing her plea and asked if it is common in the state. "The HC ought to have considered the plea for interim bail during the pendency of the matter," said CJI Lalit.