Teesta Setalvad bail: SC seeks Gujarat government's response by Saturday
The Supreme Court on Thursday directed the Gujarat government to file a reply to the bail plea of social activist Teesta Setalvad, who was arrested on June 25 for allegedly fabricating documents in the 2002 Gujarat riots case. The court accorded the state two days to file a response, and will be hearing the matter next on August 30.
Why does this story matter?
Setalvad was one of the earliest activists to take up cases of the 2002 Gujarat riots victims, with the NGO Citizens for Justice and Peace providing victims with legal assistance. MC Setalvad, India's first attorney-general, was her grandfather. Setalvad was a co-petitioner, while Zakia Jafri was the main petitioner in the SC case that was dismissed recently, contesting Prime Minister Narendra Modi's exoneration.
Nothing special in the case, says Solicitor General
The court directed the Gujarat government to file a response by August 27 after its representative SG Tushar Mehta sought more time to make corrections in response. While the bench asked him to file a response by 2 pm, he argued that there is "nothing special about the case". He argued that the accused is behind bars "in accordance with the law".
Matter scheduled for next week
In a short hearing, the court listed the matter for Tuesday, August 30. The matter was being heard by a three-judge bench of Justices Ravindra Bhat, Sudhanshu Dhulia, and UU Lalit, who is all set to take oath as the next CJI on Friday. Her matter is also pending before the Gujarat High Court, which will hear the matter next on September 19.
What does Setalvad's petition argue?
Setalvad is fighting against the Ahmedabad court's dismissal of her bail petition, almost four weeks after it was filed. The petition, filed through advocate Aparna Bhat, argues that Gujarat HC violated the SC order on 'expeditious disposal of such petitions' as the issue pertains to liberty of citizens. "The petitioner strongly believes that she has been targeted by the state," the plea alleges.
Ahmedabad sessions court denied bail to Setalvad on July 30
According to the sessions court bench, Setalvad and former Gujarat DGP RB Sreekumar used former Congress MP Ehsan Jafri's wife, Zakia, as "a tool to make allegations against PM Modi," who was the state chief during the 2002 Gujarat riots. Additionally, on June 24, the Gujarat HC commented on the petitioner's "audacity" to question the SIT's integrity, which probed the riots under SC monitoring.
Why did police detain Setalvad and Sreekumar?
Gujarat cops detained Setalvad and Sreekumar on allegations of criminal conspiracy, forgery, and record falsification, among other IPC sections, based on an FIR made by Inspector Darshansinh Barad, who quotes extensively from the Supreme Court's judgment. The nine-page FIR filed on behalf of Gujarat state also names ex-IPS officer Sanjiv Bhatt, who is already in jail for another case.
Petition about Gujarat riots lacked merit: SC had ruled
Supreme Court panel comprising justices AM Khanwilkar, Dinesh Maheshwari, and CT Ravikumar had said the appeal filed Zakia, whose husband was killed during the riots at Ahmedabad's Gulberg Society in 2002, was "devoid of merits and deserved to be dismissed." Zakia had appealed the Gujarat High Court's judgment in 2017 to dismiss her appeal against the SIT finding.
What did the SC order say?
"All those involved in such abuse of process need to be in the dock and proceeded with in accordance with the law," the SC order stated, presuming Jafri's appeal was submitted under the "dictation of someone." Reports said Setalvad has had several run-ins with the CBI and the Gujarat Police since Modi became India's Prime Minister in 2014.
Setalvad was arrested immediately after Amit Shah's comments
Setalvad was arrested barely hours after Amit Shah allegedly revealed in an interview that she gave fake information concerning the 2002 Gujarat riots. Shah alleged that Setalvad participated in an effort to smear PM Modi's reputation.
