The Supreme Court on Wednesday, 5 July, extended till 19 July the interim protection from arrest granted to activist Teesta Setalvad in a case against her for allegedly fabricating documents to implicate government functionaries connected to the 2002 Gujarat riots.
The top court, while seeking a response from the Gujarat government in the matter, posted the case for final disposal on 19 July, the next date of hearing.
Previously: In a late evening hearing, on Saturday, 1 July, a bench of Justices BR Gavai, AS Bopanna and Dipankar Dutta had granted interim relief to Setalvad.
As per Bar and Bench, the apex court said:
"We find that taking into consideration this fact, the learned single judge (of High Court) ought to have granted some time to the petitioner to challenge the order. In that view, we grant stay for one week. Registry to obtain orders from CJI for listing before appropriate bench."
Setalvad had moved the Supreme Court after the Gujarat High Court rejected her regular bail plea and ordered her to “surrender immediately.”
Right before the 3-judge bench of the Supreme Court stayed the High Court order that evening, a special bench comprising Justices Abhay S Oka and Prashant Kumar Mishra, had heard her plea.
But when the two judges differed in their opinion, they referred the matter to Chief Justice of India DY Chandrachud, requesting him to place it before a larger bench, ANI reported.
Setalvad was out on interim bail in a case related to the 2002 post-Godhra riots for allegedly fabricating evidence “to frame innocent people.”
Last year on 25 June, Gujarat Police had arrested Setalvad, following which she was sent to judicial custody, with former Director General of Police R B Sreekumar, who is a co-accused in the case.
The Case
The Supreme Court, last year, had dismissed a plea by Zakia Jafri, wife of former Congress MP Ahsan Jafri. Jafri’s plea was against the Gujarat special investigation team that had given a clean chit to the then chief minister Narendra Modi in the 2002 riots.
However, the Supreme Court said that the plea had been filed for “ulterior design.” It also said:
“All those involved in such abuse of process, need to be in the dock and proceed in accordance with law.”
Following the apex court’s order, the Ahmedabad crime branch filed a First Information Report against Setalvad, Sreekumar and jailed former IPS officer Sanjeev Bhatt, accusing them of fabricating evidence to implicate the then CM.
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