SC granted Teesta Setalvad interim bail: What did the apex court say

Setalvad has long fought for Gujarat riot victims and blamed the then CM Narendra Modi and other high-ranking officials

SC granted Teesta Setalvad interim bail today: What did the apex court say

The Supreme Court (SC) on Friday granted interim bail to Mumbai-based activist and journalist Teesta Setalvad, for her alleged involvement in fabricating evidence to target "innocent people" in the 2002 Gujarat riots.

Arrested in June 2022 on charges of "forgery and fabricating evidence", Setalvad has long fought for Gujarat riot victims and blamed the then Chief Minister Narendra Modi and other high-ranking officials in the 2002 post-Godhra riots.

WHAT DID THE SUPREME COURT SAY

A Bench, composed of Chief Justice of India U U Lalit, Justices S Ravindra Bhat, and Sudhanshu Dhulia, observed that as the matter is still pending before the Gujarat High Court, they are not considering whether Setalvad is released on bail or not.

"We are only concerned if she should be granted interim bail when her case is pending in the High Court. We grant Teesta Setalvad interim bail," the Bench said.

It also ordered Setalvad to surrender her passport and to be produced on September 3, before the concerned trial court, which shall release her on bail.

The Bench also added, "For the present purpose, in our considered view, following aspects of the matter which emerge from the record, are of some importance.”

The SC observed that Setalvad has been in custody since June 25 and the documents to support the allegations against her were presented till the year 2012.

"The investigating machinery has had the advantage of custodial interrogation for a period of seven days. Thereafter judicial custody was ordered by the concerned court," the Bench added. However, it also pointed out that the matter is still pending for consideration before the high court.

Grilling the Gujarat government on September 1, the Supreme Court observed that she has been in custody for over 2 months.

WHO IS TEESTA SETALVAD?

Setalvad along with Zakia Jafri, wife of late Congress leader Ehsan Jafri, who was killed in the Gujarat riots, filed a plea in the Supreme Court against the then Chief Minister of Gujarat Narendra Modi. On June 24, 2022, the apex court upheld the Special Investigation Team's clean chit to Narendra Modi and 63 others, on the grounds of 'devoid of merit'. It also observed that the people who accused Mr Modi of not doing enough had "exploited the emotions of Zakia Jafri" and "kept pursuing the case intriguingly for the last 16 years… to keep the pot boiling, obviously, for ulterior design".

A human rights lawyer by profession, Setalvad runs Citizen for Justice and Peace, a non-profit organisation, which was formed in the aftermath of 2002 Gujarat riots. Citizens for Justice and Peace aimed to provide legal aid to victims of crimes, such as religious riots and terrorism. Since 2003, Setalvad has been accused in as many as seven cases. Her recent arrest by Gujarat's Anti-Terrorist Squad sparked massive outrage in many parts of the country, with many international organisations also demanding her release.

In 2013, Setalvad's plea was rejected by a trial court in Gujarat, on the grounds that there was not enough evidence to prosecute Modi, in connection with the case. Representing Jafri, Setalvad knocked on the apex court's door, seeking a fresh investigation into the 'larger conspiracy' behind the 2002 violence.