HC’s reasoning perverse: SC grants bail to Teesta Setalvad

The bench added that a charge sheet has been filed against Teesta Setalvad and her custodial interrogation is not necessary

The Supreme Court on Wednesday granted regular bail to activist Teesta Setalvad in a case of alleged fabrication of evidence to frame innocent people in the 2002 post-Godhra riots cases.

A bench of Justices B R Gavai, A S Bopanna and Dipankar Datta set aside the order of the Gujarat High Court rejecting her plea for bail. For denying bail, the HC’s reason was that Setalvad had not “challenged the FIR and chargesheet under Section 482 of the CrPC or Articles 226 or 32 of the Indian Constitution”, Bar and Bench reported.

“If observation of judge is taken then no bail plea can be decided pre trial unless the charge sheet, etc. is challenged under 226 or 32. To say the least, the high court finding is perverse,” it said.

The bench added that a charge sheet has been filed against Setalvad and her custodial interrogation is not necessary. “The passport of the appellant already surrendered will be in custody of session court. The appellant shall not make any attempt to influence witnesses and shall stay away from them.”
The bench also granted the Gujarat police liberty to directly move the apex court if attempt is made to influence witnesses in the case. The SC, on September 2, granted her interim bail. 

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