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India: Teesta Setalvad bail: SC issues notice to State of Gujarat

Tuesday 23 August 2022, by siawi3


Freedom Rule of Law
Teesta Setalvad bail: SC issues notice to State of Gujarat

Court to consider on Thursday matter pertaining to interim relief while bail remains pending before Gujarat HC

Sabrangindia 22 Aug 2022

Supreme court

On Monday, August 22, the Supreme Court issued notice to the State of Gujarat via its standing counsel to respond to an application moved by journalist, educationist and human rights defender Teesta Setalvad.

Readers would recall that Setalvad had been arrested on trumped up charges just a day after the Supreme Court had delivered its judgment in the Zakia Jafri case. Though the Ahmedabad Crime Branch had told a local court that her custody was not required for further questioning in a matter pertaining to alleged forgery and conspiracy, the court of Ahmedabad Sessions Judge DD Thakkar denied her bail on July 30.

Setalvad had then moved Gujarat High Court which issued notice to the Special Investigation Team (SIT) asking them to respond to Setalvad’s bail application, but adjourned the matter to September 19. Setalvad was not granted any interim relief. That’s when Setalvad moved SC citing how this delay is denying her the right to an expedient bail.

Today, a bench comprising UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia heard her plea. At the very outset, Justice UU Lalit informed the petitioner’s counsel that he had represented some of the accused in the murder of Sohrabuddin Sheikh. But senior advocate Kapil Sibal, who was appearing for Setalvad, said they had no objection, reported Bar and Bench.

Sibal submitted that the case had “germinated from the Supreme Court order” and argued “How can a section 467 application lie before the HC?”

According to LiveLaw, Sibal drew attention to the various trumped-up charges against Setalvad and submitted that the allegations in the FIR are a “pure recitation of proceedings which had happened and culminated in the judgment of Supreme Court,” and nothing further had been alleged against her.

After a brief discussion among themselves, the judges then reportedly announced, “We issue notice. Returnable on Thursday. Serve State of Gujarat standing counsel. Then we will consider interim relief even when matter is pending in High Court.”


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