Supreme Court grants interim bail to activist Teesta Setalvad in Gujarat riots case

The court said it was necessary for it to go into rival contentions made by the counsel for the parties on merits of the matter

The Supreme Court on Friday granted interim bail to activist Teesta Setalvad for allegedly fabricating evidence and forgery to frame people in the 2002 Gujarat riots cases.

A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and Sudhanshu Dhulia took into consideration the fact the petitioner was a woman and the investigating agency had already conducted her custodial interrogation for seven days after the arrest.

"The appellant, a lady, has been in custody since June 25, the offences alleged against her pertained to period between 2002 to 2012. The investigating agency had advantage of seven days custodial interrogation," the bench noted, adding she can be released on interim bail.

The court also said it was necessary for it to go into rival contentions made by the counsel for the parties on merits of the matter.

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The top court also said the High Court should examine her case for regular bail, uninfluenced by its observations. The bench directed the petitioner should be produced before the trial court by Saturday and released on conditions set by the trial court.

On a request made by Solicitor General Tushar Mehta and Additional Solicitor General S V Raju, the bench clarified that the bail granted to Setalvad can't be used to seek similar relief to other accused.

On Thursday, the top court had expressed its concern over the six weeks long date given by the High Court on her plea for bail. The High Court had issued notice to the Gujarat government on her plea on August 3 and put the matter for hearing on September 19.

Setalvad, along with former senior police officers R B Sreekumar and Sanjiv Bhat, were arrested on June 25 after lodging of the criminal case by the Gujarat ATS at Ahmedabad.

On June 24, the Supreme Court had upheld the clean chit given to Modi and others in the 2002 Gujarat riots, terming the plea filed by Zakia Jafri, whose husband Congress MP Ahsan Jafri was killed in the violence, as abuse of the process.

In a strongly worded order, the court had said there is a need to put those looking "to keep the pot boiling" with an "ulterior motive" in the dock.