On July 1, 2023, while listing to a petition of activist Teesta Setalvad, the Supreme Court granted her interim relief in connection with an FIR lodged against her by Gujarat police. Teesta was alleged of fabricating documents to implicate high government functionaries in relation to the 2002 Gujarat riots.
Notably, the Gujarat High Court issued an order dismissing her bail application and demanding immediate surrender in the case. The 3-judge bench took note of the earlier order passed by the Supreme Court in September 2022 which granted her interim bail.
This urgent hearing was conducted by a three-judge bench comprising Justices BR Gavai, AS Bopanna, and Dipankar Dutta after Justices Abhay S Oka and Prashant Kumar Mishra differed with respect to granting Setalvad bail earlier on July 1. A smaller division bench also declined the activist’s request for normal regular bail.
As per the order (number–25725/2023) the court stated that it is not inclined to go into the merits of the matter. At this stage, they were only concerned with that part of the order wherein the request made by the petitioner for stay of the order for a period of one month was rejected.
The bench would not have considered such a request. However, it is to be noted that after the FIR was registered against the petitioner (Teesta) on 25.06.2022 and the petitioner was arrested, this Court considering the application for grant of interim bail had granted the same on certain conditions, as per the order dated 02.09.2022.
The bench showed mercy in this case against the petitioner as she is a woman and is entitled to special protection under Section 437 Cr.P.C.
In his bail rejection order, the judge made several observations criticising the Setalvad’s alleged conduct. The Court commented that Teesta Setalvad prima facie used victims and witnesses of the riots as a ladder for her own benefit.
The order said, “In the instant case I have seen that a Journalist i.e. applicant has started her career as Journalist and prima facie it seems that by using victim and witnesses as a ladder for her own benefits the present applicant ultimately reached on to Padmashree to become Member of Planning Commission,”
“If any leniency is shown towards such a person, there is a strong possibility that in future also, we may see many more persons coming out openly to help any entity in fulfilling their agenda in an illegal and unlawful manner and show readiness to do anything by playing with the sentiments of the community just to ensure that a particular political party gets a sufficient swing in their favour by changing the mindset of people by exploiting their religious and communal feelings and provoking them as persons who are oppressed and are not given justice by the establishment,” Justice Desai observed.
The bench said, “’Will skies fall if interim protection is granted for one week?’, asked the three-judge bench, which assembled after a split in a two-judge bench.”
The bench of Justices A S Oka and P K Mishra were unable to reach a unanimous decision in Setalvad’s case. They referred it to the Chief Justice of India to be listed for a hearing before a larger bench.
The bench directed that the High Court’s order be stayed for a week. While doing so, the bench clarified that it has not gone into the merits of the matter and was only concerned with the High Court’s rejection of interim relief.
Solicitor-General Tushar Mehta, representing Gujarat, urged the top court not to intervene. He accused Setalvad of forging documents to implicate authorities in the state.
“I would expect Your Lordships to do the same thing which will be done in the case of a common man who has been rejected bail since she is a common criminal,” argued Mehta.
“What is the urgency in taking her into custody? Will the skies fall if interim protection is granted for some days? We are taken by surprise by what the high court has done. What is the alarming urgency?” “Even common criminals are granted interim relief,” Justice Gavai added, countering the SGs argument.
To counter this argument the SG said, “She started a campaign making false allegations. The riot did take place, and people from both communities were killed. But, she saw an opportunity and came to this court with false allegations. A special investigation team was constituted by the Supreme Court and operated under its monitoring. This SIT has received pre-typed and pre-signed statements. The witnesses later told the SIT that they were unaware of the contents and were given the statements by this same petitioner…The petitioner has filed false affidavits, and tutored witnesses. She also started collecting money for riots victims. The entire nation was maligned, not only inside the country but outside the country, by the petitioner. It is not a question of one individual. These offences are against the integrity of the nation.”
Supreme Court asked Solicitor General, “Her conduct may be reprehensible, but today we are considering whether a person should be stripped of liberty even for a day?”
Supreme Court further observed that she was on bail for 10 months and asked about the urgency in taking her into custody?
“Will the skies fall if interim protection granted… We are taken by surprise by what the High Court has done. What is the alarming urgency?” asked Supreme Court.
Mehta continued, “This is not an ordinary case. This is somebody who takes every institution for a ride. Somebody who writes to international organizations in Geneva, maligning the country.”
“We are sorry to say the single judge was totally wrong in not granting interim protection even for one week. When this Court has granted interim bail extending it by a week would have been ideal,” Justice Gavai firmly said, before pronouncing an order staying the high court’s direction to take Setalvad in custody for a week.
Notably, Teesta Setalvad and former top cop RB Sreekumar were arrested for allegedly fabricating evidence, committing forgery, and criminal conspiracy. Teesta was released from Gujarat’s Sabarmati jail in September 2022 after being granted interim bail by the Supreme Court in connection with the 2002 Gujarat riots case.
According to the FIR, Setalvad and Sreekumar had conspired to abuse the process of law by fabricating false evidence and instituting false and malicious criminal proceedings against innocent people.
