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Activist Teesta Setalvad on Friday was granted interim bail by the Supreme Court on Friday. She was arrested by the Gujarat Police for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots cases.
A bench of Chief Justice of India U U Lalit, Justices S Ravindra Bhat, and Sudhanshu Dhulia said, “The matter is still pending before the High Court. We are, therefore, not considering whether Setalvad is released on bail or not. We are only concerned if she should be granted interim bail when her case is pending in the High Court. We grant Teesta Setalvad interim bail," the Court ordered.
Setalvad moved the apex court against a Gujarat High Court order, which had adjourned her bail plea.
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Amid a barrage of questions on the six-week adjournment by the High Court and the evidence against her, Solicitor General Tushar Mehta urged the court not to set a ‘very bad precedent’ by giving extraordinary treatment to Teesta.
Meanwhile, Senior Advocate Kapil Sibal, representing Teesta Setalvad, said the criminal proceedings against his client are motivated, adding the state is hell-bent on ensuring Teesta Setalvad doesn't come out on bail.
Solicitor General Tushar Mehta said Teesta has maligned the entire State since 2002, has maligned the entire institutions, and said the High Court judge who passed an order against her is not trustworthy. “He is one of the finest judges, don't say anything behind his back,” he said.
Senior Counsel Kapil Sibal, appearing for Setalvad, rebutted the arguments including the witness statements cited by the SG.
"This person who is the witness has gone to all courts where the trial was being conducted so that his statement is recorded. This was also influenced," Sibal said.
He said Setalvad has been targeted because she acted against the State.
"I am motivated, NHRC is motivated. This matter came to this court and relief was granted. The matter is pending. SG Mehta should have told me the matter is pending. There is no allegation that I have tampered with any witness statement ever," he stated.
Sibal also said that Setalvad had not made any statement against any institution or the judge.
The Court was hearing a bail plea filed by Setalvad after she was arrested for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister Narendra Modi in the 2002 Godhra riots cases.
The apex court had issued notice to the Gujarat government on August 22, seeking a response.
Setalvad then moved the Supreme Court seeking bail after she was arrested earlier this year.
Setalvad was arrested after a three-judge bench of the Supreme Court had made remarks against her on June 24 while dismissing the plea by Zakia Jafri, wife of Congress MP Ehsan Jafri who was killed during the 2002 Gujarat Riots. The court had said Setalvad and former DGP Sreekumar were "disgruntled".
Zakia Jafri had challenged the Gujarat High Court’s decision of 2017 upholding the magistrate's decision to accept the closure report filed by the SIT in the case.
