Gujarat 2002 Riots Case: Supreme Court Grants Regular Bail To Teesta Setalvad, Cancels HC Order

A Supreme Court bench headed by Justice BR Gavai and comprising of Justices AS Bopanna and Dipankar Datta granted regular bail to activist Teesta Setalvad, over the case relating to fabrication of evidence in the 2002 riots.

The bench quashed the Gujarat High Court’s order through which Setalvad was denied regular bail and stated that the observations by the high court were ‘perverse’ and ‘contradictory’.

The bench stated and emphasised that, “We are at pains to say that the order passed by the learned judge makes an interesting reading. On one hand, the learned judge has spent pages to observe as to how it is not necessary, rather nor permissible at the stage of bail to consider whether a prima facie case is made out or not.

"Learned judge interestingly observed that since the petitioner has neither challenged the FIR or chargesheet in proceedings under Section 482 CrPC or Articles 226 or 32 of the Constitution, it is not permissible for her to say that a prima facie case is not made out.

"The limited understanding of law we have is that the considerations which are required to be taken into consideration for grant of bail are (1) prima facie case, (2) the possibility of the accused tampering the evidence or influencing the witness, (3) fleeing away from the justice. The other considerations are gravity and seriousness of the offence.”

The court also stated that the custodial interrogation of the petition is not necessary since the chargesheet is already filed.

Teesta Setalvad has been granted bail on the condition that she should not attempt to influence or intimidate the witnesses.

It was on 1 July that the Gujarat High Court rejected her bail application and directed her to surrender immediately. However, on the same day, the Supreme Court stayed the order in a special sitting at 9pm.