A three-judge bench of the Supreme Court on July 19 granted regular bail to social activist Teesta Setalvad in a case pertaining to alleged fabrication of evidence to falsely implicate innocent individuals in the post-Godhra riots cases of 2002.
The court observed that the Gujarat High Court judgment, which denied bail to Setalvad 'makes for an interesting read' and noted that no person can be granted a pre-trial bail going by the reasoning of the judgment. The court further observed that certain observations made in the judgment were 'perverse.' The three-judge bench held that since most of the evidences were documentary in nature, custodial interrogation of Setalvad may not be required.
Setalvad has also been directed not to influence any witnesses in the case and held that her passport will continue to remain in custody.
On July 1, the court had granted her interim protection, the same has now been made good. Gujarat High Court had on July 1 rejected Setalvad's regular bail plea. Justice Nirzar Desai directed her to surrender immediately, as she had been out of jail on interim bail granted by the apex court in September of the previous year.
Setalvad, along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt, were taken into custody on June 25 of the previous year in a case registered by the Ahmedabad Crime Branch Police. The case accused them of fabricating evidence to frame innocent people in the post-Godhra riots cases.
An Ahmedabad sessions court had rejected the bail applications of Setalvad and Sreekumar on July 30, 2022, stating that their release would send a message that individuals could make allegations without consequences.
On August 3, 2022, the High Court issued a notice to the state government regarding Setalvad's bail plea and scheduled the hearing for September 19.
Meanwhile, Setalvad approached the Supreme Court for interim bail after the High Court refused to consider her plea.
On September 2, 2022, the apex court granted her interim bail and required her to surrender her passport to the trial court until the Gujarat High Court made a decision on her regular bail plea.
Setalvad was released from jail on September 3.
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