Express News Service
NEW DELHI: Civil rights activist Teesta Setalvad was on Wednesday granted regular bail by the Supreme Court in a case of fabricating evidence to implicate high dignitaries in the 2002 Gujarat riots. The court quashed a Gujarat High Court order to arrest her, saying it was ‘totally perverse’ and contradictory.
A bench comprising justices B R Gavai, A S Bopanna and Dipankar Datta said Teesta’s custodial interrogation was unnecessary since the chargesheet had already been filed and the documentary evidence forming the basis of the case was already available. It directed her not to attempt to influence or intimidate witnesses.
The bench criticised the high court’s order, saying on the one hand it contended that considering evidence to determine a prima facie case was unnecessary, while on the other hand, it claimed that the accused’s failure to challenge the FIR or chargesheet under specific sections meant she couldn’t contest the prima facie case. Elsewhere in the verdict, the high court judge goes on to discuss the statements of some witnesses and find that a prima facie case is made out against Teesta.
The bench said the considerations to grant bail included whether or not there is a prima facie case; possibility of tampering evidence or influencing witnesses; fleeing; and the gravity of the offence.
“If the observations made are to be accepted, then no bail at the pre-trial stage can be granted unless the accused files an application for quashing of the proceedings against him under section 428 CrPC or Article 226 before the high court or Article 32 before this court. To say the least, these finding are totally perverse,” the bench said in the order. The FIR against Teesta was lodged following an SC verdict on June 24, 2022 in the case of Zakia Jafri, who has alleged a larger conspiracy behind the 2002 communal riots.
Zakia Jafri ruling
The bench said the SC’s Zakia Jafri case ruling came without giving Teesta Setalvad an opportunity to respond to the allegations.
NEW DELHI: Civil rights activist Teesta Setalvad was on Wednesday granted regular bail by the Supreme Court in a case of fabricating evidence to implicate high dignitaries in the 2002 Gujarat riots. The court quashed a Gujarat High Court order to arrest her, saying it was ‘totally perverse’ and contradictory.
A bench comprising justices B R Gavai, A S Bopanna and Dipankar Datta said Teesta’s custodial interrogation was unnecessary since the chargesheet had already been filed and the documentary evidence forming the basis of the case was already available. It directed her not to attempt to influence or intimidate witnesses.
The bench criticised the high court’s order, saying on the one hand it contended that considering evidence to determine a prima facie case was unnecessary, while on the other hand, it claimed that the accused’s failure to challenge the FIR or chargesheet under specific sections meant she couldn’t contest the prima facie case. Elsewhere in the verdict, the high court judge goes on to discuss the statements of some witnesses and find that a prima facie case is made out against Teesta.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
The bench said the considerations to grant bail included whether or not there is a prima facie case; possibility of tampering evidence or influencing witnesses; fleeing; and the gravity of the offence.
“If the observations made are to be accepted, then no bail at the pre-trial stage can be granted unless the accused files an application for quashing of the proceedings against him under section 428 CrPC or Article 226 before the high court or Article 32 before this court. To say the least, these finding are totally perverse,” the bench said in the order. The FIR against Teesta was lodged following an SC verdict on June 24, 2022 in the case of Zakia Jafri, who has alleged a larger conspiracy behind the 2002 communal riots.
Zakia Jafri ruling
The bench said the SC’s Zakia Jafri case ruling came without giving Teesta Setalvad an opportunity to respond to the allegations.
