The Supreme Court on Saturday granted interim bail to activist Teesta Setalvad for seven days in the conspiracy case related to the 2002 Gujarat riots [Teesta Setalvad v. State of Gujarat]..In the second special hearing held today, a top court Bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed the Gujarat High Court order denying bail to Setalvad. The Court further directed that Setalvad's appeal against the High Court order be placed before the Chief Justice of India (CJI) for hearing at length. ."We find that the learned single judge (of High Court) ought to have granted at least some protection as that he petitioner has sufficient time to challenge the order before this Court. In that view of the matter, we grant stay for one week. Registry to obtain orders from the CJI for listing before appropriate bench," the order said. .Earlier today, Setalvad had moved the Supreme Court for interim bail after the High Court directed her to surrender to the authorities immediately.Setalvad is accused of fabricating documents to implicate higher functionaries of the then Gujarat government led by erstwhile Chief Minister Narendra Modi.In its 127-page ruling, Gujarat High Court had held that releasing Setalvad on bail would deepen the communal polarisation in the country."Prima facie, this Court is of the view that, if Setalvad is enlarged on bail, it will deepen and widen the communal polarisation," the High Court had said.Among other observations, the High Court had said that Setalvad used victims of the Godhra riots as a ladder to get a Padma Shri award and to tarnish the image of then Gujarat Chief Minister Narendra Modi in a bid to topple his government.The plea before the Supreme Court was initially listed before a Bench of Justices AS Oka and Prashant Kumar Mishra. The two judges, were, however, unable to concur on the grant of interim relief to Setalvad. They, therefore, referred the matter to the CJI for constitution of a larger bench to decide on the issue. Hours later, the three-judge Bench was formed to hear the case..Justice Datta opined that a judgment of the High court was a one on "liberty" and that "too on a Saturday."Justice Gavai weighed in that when there is a difference of opinion, then the court should "lean in favour of liberty."Justice Gavai observed that the earlier judgment of the Supreme Court by Justice AM Khanwilkar-led bench had noted that the officers probing the Gujarat riots case "should be in the dock.".Solicitor General Tushar Mehta, appearing for Gujarat government, said that should Setalvad not get any special treatment from the apex court and should be treated as any other ordinary citizen. "Is she an extraordinary citizen?" SG Mehta asked.To this Supreme Court stated that even an ordinary accused would get time to challenge the High Court order. "You are a mighty Solicitor appearing for a mighty state," Justice Gavai remarked. SG Mehta responded, "I am not a mighty Solicitor appearing for a good state.".Teesta Setalvad used victims as ladder to get Padma Shri, tarnish image of then CM Narendra Modi: Gujarat High Court.[Follow our live-coverage of hearing] .[Read Supreme Court orders]
The Supreme Court on Saturday granted interim bail to activist Teesta Setalvad for seven days in the conspiracy case related to the 2002 Gujarat riots [Teesta Setalvad v. State of Gujarat]..In the second special hearing held today, a top court Bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed the Gujarat High Court order denying bail to Setalvad. The Court further directed that Setalvad's appeal against the High Court order be placed before the Chief Justice of India (CJI) for hearing at length. ."We find that the learned single judge (of High Court) ought to have granted at least some protection as that he petitioner has sufficient time to challenge the order before this Court. In that view of the matter, we grant stay for one week. Registry to obtain orders from the CJI for listing before appropriate bench," the order said. .Earlier today, Setalvad had moved the Supreme Court for interim bail after the High Court directed her to surrender to the authorities immediately.Setalvad is accused of fabricating documents to implicate higher functionaries of the then Gujarat government led by erstwhile Chief Minister Narendra Modi.In its 127-page ruling, Gujarat High Court had held that releasing Setalvad on bail would deepen the communal polarisation in the country."Prima facie, this Court is of the view that, if Setalvad is enlarged on bail, it will deepen and widen the communal polarisation," the High Court had said.Among other observations, the High Court had said that Setalvad used victims of the Godhra riots as a ladder to get a Padma Shri award and to tarnish the image of then Gujarat Chief Minister Narendra Modi in a bid to topple his government.The plea before the Supreme Court was initially listed before a Bench of Justices AS Oka and Prashant Kumar Mishra. The two judges, were, however, unable to concur on the grant of interim relief to Setalvad. They, therefore, referred the matter to the CJI for constitution of a larger bench to decide on the issue. Hours later, the three-judge Bench was formed to hear the case..Justice Datta opined that a judgment of the High court was a one on "liberty" and that "too on a Saturday."Justice Gavai weighed in that when there is a difference of opinion, then the court should "lean in favour of liberty."Justice Gavai observed that the earlier judgment of the Supreme Court by Justice AM Khanwilkar-led bench had noted that the officers probing the Gujarat riots case "should be in the dock.".Solicitor General Tushar Mehta, appearing for Gujarat government, said that should Setalvad not get any special treatment from the apex court and should be treated as any other ordinary citizen. "Is she an extraordinary citizen?" SG Mehta asked.To this Supreme Court stated that even an ordinary accused would get time to challenge the High Court order. "You are a mighty Solicitor appearing for a mighty state," Justice Gavai remarked. SG Mehta responded, "I am not a mighty Solicitor appearing for a good state.".Teesta Setalvad used victims as ladder to get Padma Shri, tarnish image of then CM Narendra Modi: Gujarat High Court.[Follow our live-coverage of hearing] .[Read Supreme Court orders]