Activist Teesta Setalvad was arrested in June.
New Delhi:
Raising serious concerns about the manner in which activist Teesta Setalvad has been detained in Gujarat for more than two months, the Supreme Court on Wednesday questioned how the Gujarat High Court issued a notice seeking reply after six weeks.
A bench headed by Chief Justice of India UU Lalit also observed that “there is no offense in this case for which bail cannot be granted”, that too to a woman. The judges said Ms Setalvad has been in jail for more than two months and no charge sheet has been filed yet.
Observing that the FIR lodged against the petitioner does not say much other than the observations made by the Supreme Court, the bench observed that the Gujarat High Court on August 3, while issuing notice on Ms Setalvad’s bail plea, granted a long stay.
The bench, comprising Justice S Ravindra Bhat and Justice Sudhanshu Dhulia, raised several questions related to the custody of Ms Setalvad.
“She is a woman. How did the High Court issue the notice after six weeks? Is this standard practice in the Gujarat High Court? And give us examples where a woman is involved in such a case and the High Court has made it [notice on bail plea] Refundable for six weeks,” the Chief Justice said.
Teesta Setalvad has been in custody since June 25 on charges of forging documents to register cases related to the 2002 Gujarat riots.
The Chief Justice said, “There is no offense in this case which comes with a condition that bail cannot be granted, such as the Unlawful Activities (Prevention) Act and the Prevention of Terrorism Act. These are general offenses and a woman friendly behavior.” deserves.” ,
Solicitor General of India Tushar Mehta sought an adjournment for tomorrow’s hearing. “All these arguments should be given in the High Court and not in the Supreme Court. This is my initial objection,” Mehta said.
Senior advocate Kapil Sibal, counsel for Ms Setalvad, said: “I am challenging the FIR. There cannot be an FIR here. The FIR does not disclose which documents I have forged.”
Ms Setalvad was arrested in Mumbai by the Gujarat Police’s Anti-Terrorism Squad, a day after the Supreme Court dismissed her client Zakia Jafri’s plea, implicating the then Gujarat Chief Minister Narendra Modi for any wrongdoing in the alleged larger conspiracy. The petition challenging the Special Investigation Team for the work was challenged. Involved in Gujarat riots.
The court will hear Ms Setalvad’s bail plea again at 2 pm today.