Teesta gets SC reprieve for a week after HC ordered surrender at once

| | New Delhi
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Teesta gets SC reprieve for a week after HC ordered surrender at once

Sunday, 02 July 2023 | PNS | New Delhi

In a dramatic turn of events, the  Supreme Court late ON Saturday night granted activist Teesta Setalvad much-needed protection from arrest for a period of one week. The Gujarat High Court had earlier in the day rejected Setalvad’s regular bail plea in a case involving allegations of fabricating evidence to frame innocent people in 2002 post-Godhra riot cases. The HC had ordered Setalvad to surrender immediately.

A bench of Justices BR Gavai, AS Bopanna, and Dipankar Datta convened for a special session at 9:15 pm to hear Setalvad’s plea. The apex court referred the matter to a regular bench and, in the interim, granted Setalvad bail until a final decision could be reached. Additionally, the Supreme Court issued a stay on the Gujarat High Court’s order for a duration of one week, providing a temporary shield for Setalvad.

During the hearing, the Supreme Court sought clarification from Solicitor General Tushar Mehta, who represented the Gujarat Government, regarding the urgency behind denying Setalvad a seven-day window to contest the bail decision, especially considering the significant amount of time she had already spent out of custody. Questioning the sudden alarm and urgency demonstrated by the high court, the bench asked, “What dire consequences would ensue if we were to grant interim protection? We find ourselves taken aback by the actions of the High Court. What prompts this sense of urgency?”

Setalvad approached the Supreme Court after the Gujarat High Court rejected her bail plea. Despite it being a non-working day for the judiciary, a special hearing was scheduled at 6:30 pm on Saturday to address the urgent matter. Setalvad has been on interim bail since September.

Justices Abhay S Oka and Prashant Kumar Mishra had conflicting views on granting protection to Teesta Setalvad. Justice Oka seemed inclined to grant her interim bail until a detailed hearing on her plea could take place on Tuesday. On the other hand, Justice Mishra appeared hesitant to provide her with interim relief. Setalvad’s counsels, C U Singh and Aparna Bhatt requested an immediate hearing, while Solicitor General Tushar Mehta, representing the Gujarat government, requested that the hearing be held on Sunday. However, the SC heard the matter at 9.15 PM and granted her one-week protection from arrest.

Earlier, Justice Nirzar Desai of the Gujarat High Court had rejected Setalvad’s bail plea and instructed her to surrender immediately since she was already out of jail on interim bail.

Setalvad, along with co-accused former Director-General of Police R B Sreekumar, was apprehended by the Gujarat Police on June 25 of the previous year. On July 2, they were placed in judicial custody after completing their police remand. Setalvad was released from jail in September 2022 after being granted relief by the Supreme Court.

In response to the Supreme Court’s dismissal of a petition challenging the clean chit given by a special investigation team to then Gujarat chief minister Narendra Modi and others in the 2002 post-Godhra riots cases, the Ahmedabad crime branch filed a First Information Report (FIR) against Setalvad, Sreekumar, and incarcerated former IPS officer Sanjeev Bhatt.

Setalvad, Sreekumar, and Bhatt were accused of misusing the legal process by conspiring to fabricate evidence and frame innocent individuals for a crime punishable by capital punishment.

The Supreme Court, while dismissing the petition filed by Zakia Jafri, who lost her husband and former Congress MP Ehsan Jafri during the riots, stated that it appeared to them that there was a collective effort by disgruntled officials of the State of Gujarat and others to create a sensation by making false revelations that they knew to be untrue.

The Supreme Court emphasised the need to hold all those involved in such misuse of the legal process accountable and proceed in accordance with the law. Consequently, Setalvad and the other two individuals were booked under various sections of the Indian Penal Code, including forgery, fabrication of false evidence, criminal conspiracy, and more.

PNS n New Delhi

 

In a dramatic turn of events, the  Supreme Court late ON Saturday night granted activist Teesta Setalvad much-needed protection from arrest for a period of one week. The Gujarat High Court had earlier in the day rejected Setalvad’s regular bail plea in a case involving allegations of fabricating evidence to frame innocent people in 2002 post-Godhra riot cases. The HC had ordered Setalvad to surrender immediately.

A bench of Justices BR Gavai, AS Bopanna, and Dipankar Datta convened for a special session at 9:15 pm to hear Setalvad’s plea. The apex court referred the matter to a regular bench and, in the interim, granted Setalvad bail until a final decision could be reached. Additionally, the Supreme Court issued a stay on the Gujarat High Court’s order for a duration of one week, providing a temporary shield for Setalvad.

During the hearing, the Supreme Court sought clarification from Solicitor General Tushar Mehta, who represented the Gujarat Government, regarding the urgency behind denying Setalvad a seven-day window to contest the bail decision, especially considering the significant amount of time she had already spent out of custody. Questioning the sudden alarm and urgency demonstrated by the high court, the bench asked, “What dire consequences would ensue if we were to grant interim protection? We find ourselves taken aback by the actions of the High Court. What prompts this sense of urgency?”

Setalvad approached the Supreme Court after the Gujarat High Court rejected her bail plea. Despite it being a non-working day for the judiciary, a special hearing was scheduled at 6:30 pm on Saturday to address the urgent matter. Setalvad has been on interim bail since September.

Justices Abhay S Oka and Prashant Kumar Mishra had conflicting views on granting protection to Teesta Setalvad. Justice Oka seemed inclined to grant her interim bail until a detailed hearing on her plea could take place on Tuesday. On the other hand, Justice Mishra appeared hesitant to provide her with interim relief. Setalvad’s counsels, C U Singh and Aparna Bhatt requested an immediate hearing, while Solicitor General Tushar Mehta, representing the Gujarat government, requested that the hearing be held on Sunday. However, the SC heard the matter at 9.15 PM and granted her one-week protection from arrest.

Earlier, Justice Nirzar Desai of the Gujarat High Court had rejected Setalvad’s bail plea and instructed her to surrender immediately since she was already out of jail on interim bail.

Setalvad, along with co-accused former Director-General of Police R B Sreekumar, was apprehended by the Gujarat Police on June 25 of the previous year. On July 2, they were placed in judicial custody after completing their police remand. Setalvad was released from jail in September 2022 after being granted relief by the Supreme Court.

In response to the Supreme Court’s dismissal of a petition challenging the clean chit given by a special investigation team to then Gujarat chief minister Narendra Modi and others in the 2002 post-Godhra riots cases, the Ahmedabad crime branch filed a First Information Report (FIR) against Setalvad, Sreekumar, and incarcerated former IPS officer Sanjeev Bhatt.

Setalvad, Sreekumar, and Bhatt were accused of misusing the legal process by conspiring to fabricate evidence and frame innocent individuals for a crime punishable by capital punishment.

The Supreme Court, while dismissing the petition filed by Zakia Jafri, who lost her husband and former Congress MP Ehsan Jafri during the riots, stated that it appeared to them that there was a collective effort by disgruntled officials of the State of Gujarat and others to create a sensation by making false revelations that they knew to be untrue.

The Supreme Court emphasised the need to hold all those involved in such misuse of the legal process accountable and proceed in accordance with the law. Consequently, Setalvad and the other two individuals were booked under various sections of the Indian Penal Code, including forgery, fabrication of false evidence, criminal conspiracy, and more.

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