Teesta Setalvad Walks Out Of Jail On Interim Bail LiveLaw
03, Sep 2022
Social activist Teesta Setalvad, who was under custody since June 25 over alleged fabrication of documents to file cases in relation to 2002 Gujarat riots, has been released from jail after a Sessions Court in Gujarat signed the release order today evening.
Persuant thereto, Setalvad, who was granted interim bail by the Supreme Court yesterday, was taken to Ahemdabad jail where rest of the formalities were completed for her release.
The Apex Court had noted that Teesta, a lady, has been in custody since 2 months and the investigative machinery has had the advantage of custodial interrogation for a period of 7 days. The bench also noted that the offences alleged against Teesta pertain to the year 2002 and at best, the concerned documents were sought to be presented till 2012.
Thus, it was of the view that the essential ingredients of the investigation, including custodial interrogation, having been completed, the matter assume a complexion where the relief of interim bail was evidently made out.
“In our view, the appellant is entitled to the release on interim bail. It must be stated that as argued by Solicitor General the matter is still pending consideration before High Court. We are therefore not considering whether appellant be released on bail or not. That issue is to be considered by the High Court. We are considering only from the standpoint whether the custody of the appellant must be insisted upon during the consideration of matter,” the Bench ordered.
Teesta had approached the Supreme Court against the Gujarat High Court’s refusal to grant her interim bail. She was arrested on June 26 from Mumbai by the Gujarat ATS, a day after the Supreme Court dismissed the petition filed by Zakia Jafri challenging the SIT’s clean chit to high-ranking State functionaries and the then Gujarat Chief Minister Narendra Modi in the alleged larger conspiracy behind the 2002 riots.
While dismissing Zakia Jafri’s petition, a bench led by Justice AM Khanwilkar had blamed the petitioners for “keeping the pot boiling” and showing the “audacity” to question the integrity of the Special Investigation Team and observed that “all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law”.
The very next day, the Gujarat ATS arrested Teesta Setalvad, RB Sreekumar and Sanjiv Bhatt (who is already serving imprisonment in another case) in a case taken alleging filing of false proceedings using forged documents in relation to the 2002 riots.
The original piece may be read here
