Keywords: Gujarat Riots, Supreme Court, Constitutional Bench,
Teesta Setalvad, Gujarat High Court
In a special sitting held today evening, the Supreme Court’s Judges Justice Abhay S Oka and Justice PK Mishra differed on granting interim protection to Activist Teesta Setalvad in connection with the Gujarat Police FIR lodged against in connection with the 2002 Gujarat Riots case, and hence, the matter will now be placed before a larger bench upon request to the Hon’ble Chief Justice of India DY Chandrachud. Senior advocate CU Singh, representing Setalvad, informed the Supreme Court that on September 22 of the previous year, the Supreme Court had granted her interim bail, and she has not breached any of the conditions imposed during her bail period.[1]
The Supreme Court inquired Solicitor General Tushar Mehta, who was representing the Gujarat government, regarding the rationale behind denying a person the opportunity to challenge their bail after being out for a significant period of time. The Court questioned the urgency of the situation, emphasizing that granting a seven-day window to contest the bail seemed excessive considering the person had already been released.[2]
On June 25 of the previous year, Teesta Setalvad, along with former IPS officer RB Sreekumar, was arrested by the Gujarat police. They were accused of fabricating evidence, committing forgery, and participating in a criminal conspiracy to implicate Prime Minister Narendra Modi and others in the 2002 communal riots in Gujarat. Their arrest came shortly after the Supreme Court’s judgment, which criticized Setalvad and others for their alleged intention to fuel unrest and emphasized the need to hold accountable those involved in such misconduct.[3] The case against Setalvad emerged after a three-judge bench of the Supreme Court, in a verdict on June 24, cleared then Gujarat Chief Minister Narendra Modi and several others of being part of a larger conspiracy behind the 2002 riots. The broader conspiracy allegation, filed by Zakia Jafri, the widow of former Congress member of Parliament Ehsan Jafri who was a victim of the riots, implicated 64 individuals, including Modi. Setalvad supported Jafri’s complaint in both the Gujarat High Court and the Supreme Court.[4]
written by- Lisa Gupta, NUSRL, Ranchi, Semester 3, an intern under Legal Vidhiya
[1] Hindustan Times https://www.hindustantimes.com/india-news/supreme-court-grants-activist-teesta-setalvad-bail-says-heavens-won-t-fall-if-she-remains-out-101688237437774.html
[2] Live Law https://www.livelaw.in/top-stories/supreme-court-stays-gujarat-hc-order-which-denied-bail-to-teesta-setalvad-231659
[3] Times of India https://timesofindia.indiatimes.com/india/gujarat-high-court-denies-teesta-setalvad-bail-three-judge-supreme-court-bench-gives-relief-after-two-judge-bench-split/articleshow/101424271.cms
[4] Mint https://www.livemint.com/news/india/rapidx-india-s-first-regional-train-service-to-start-services-this-month-report-11688399442810.html
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