Supreme Court reduction for Teesta Setalvad after Gujarat HC rejects her bail plea

Express News Service

NEW DELHI: Social activist Teesta Setalvad, who was informed by the Gujarat High Court to give up instantly in a felony case associated to the 2002 Gujarat riots, breathed a sigh of reduction because the Supreme Court in a particular Saturday night time listening to stayed HCs order for one week. 

A 3-judge bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed the Gujarat HC order opining that the one choose (Justice Nirzar S Desai) ought to have granted her some “breathing time” to give up. 

“We are not going into the merits of the matter. We are only concerned with that part of the order which rejected the petitioner’s request for a stay. In ordinary circumstances, we would not have interfered. After the petitioner was arrested, this Court considered her request for interim bail…One of the factors which weighed with this Court in granting interim bail was that the petitioner was a lady and was entitled to special protection under Section 437 CrPC. Taking into consideration this fact, the learned single judge ought to have granted some time…We stay the order of the single bench for a period of one week,” the court docket mentioned in its order.

Justice BR Gavai, the presiding choose of the bench in the course of the listening to questioned the “alarming urgency” adopted by the HC in asking her to give up.

The choose mentioned, “A person is on bail from September 2, 2022 and 10 months have passed. What is so urgency that she is not even given 7 days? Elaborate reasons were given for interim protection. We fail to under the approach of the HC. What is the alarming urgency that HC asks her to surrender immediately? We have seen in this country that after an order of house custody is passed, a full bench is constituted within hours. You are aware of the case. Even an ordinary criminal is entitled to challenge the order. When 3 judges of this court found appropriate to grant her interim protection, what would happen within 8 days?” 

Additionally, Justice Dipankar Datta additionally part of the bench mentioned, “If earlier 3 judge bench has said that she should be in the dock and proceeded further, then the 3 judge bench in September would not have granted her bail. A judgement coming on a Saturday. Two judges differing on the grant of relief. If there is a difference of opinion, it should be in favour of liberty.” 

Earlier round 7.00 PM, the two-judge bench of Justices AS Oka and Prashant Kumar Mishra had differed on granting her “interim protection.” Justice AS Oka expressed his intention to grant her safety by asking the state to position on file that no coercive motion can be taken towards her. However, Justice Prashant Kumar Mishra appeared “reluctant”. The judges then referred the matter to CJI DY Chandrachud, asking for constituting a three-judge bench to listen to her plea. 

Justice Oka was of the view that the HC ought to have “given some breathing time” for her to surrender and for the matter to be placed before the top court. The SC granted Teesta interim bail on September 2, 2022. Justice Oka said, “The court could have granted at least breathing time so that it could have been considered by the higher court. Heavens are not going to fall if you say that you will not take any action until Tuesday. We all are handicapped. The books have been given to us now. For 9 months she was on bail and what will happen within 72 hours? We’ll have to hear the matter fully.”

Appearing for the Gujarat authorities, Solicitor General Tushar Mehta mentioned that Teesta was not even entitled to interim safety since she took your complete system for a trip. Mehta mentioned, “I am opposing the plea with all my might,” he additionally mentioned.

Earlier within the day, the Gujarat HC’s single bench of Justice Nirzar S Desai rejected her common bail utility and likewise turned down her request for staying the operation of its order for 30 days. Teesta was arrested on June 25 by Gujarat’s Anti Terrorism Squad, hours after the highest court docket dismissed the plea of Zakia Jafri for a probe into the bigger conspiracy case behind the riots.

NEW DELHI: Social activist Teesta Setalvad, who was informed by the Gujarat High Court to give up instantly in a felony case associated to the 2002 Gujarat riots, breathed a sigh of reduction because the Supreme Court in a particular Saturday night time listening to stayed HCs order for one week. 

A 3-judge bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed the Gujarat HC order opining that the one choose (Justice Nirzar S Desai) ought to have granted her some “breathing time” to give up. 

“We are not going into the merits of the matter. We are only concerned with that part of the order which rejected the petitioner’s request for a stay. In ordinary circumstances, we would not have interfered. After the petitioner was arrested, this Court considered her request for interim bail…One of the factors which weighed with this Court in granting interim bail was that the petitioner was a lady and was entitled to special protection under Section 437 CrPC. Taking into consideration this fact, the learned single judge ought to have granted some time…We stay the order of the single bench for a period of one week,” the court docket mentioned in its order.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

Justice BR Gavai, the presiding choose of the bench in the course of the listening to questioned the “alarming urgency” adopted by the HC in asking her to give up.

The choose mentioned, “A person is on bail from September 2, 2022 and 10 months have passed. What is so urgency that she is not even given 7 days? Elaborate reasons were given for interim protection. We fail to under the approach of the HC. What is the alarming urgency that HC asks her to surrender immediately? We have seen in this country that after an order of house custody is passed, a full bench is constituted within hours. You are aware of the case. Even an ordinary criminal is entitled to challenge the order. When 3 judges of this court found appropriate to grant her interim protection, what would happen within 8 days?” 

Additionally, Justice Dipankar Datta additionally part of the bench mentioned, “If earlier 3 judge bench has said that she should be in the dock and proceeded further, then the 3 judge bench in September would not have granted her bail. A judgement coming on a Saturday. Two judges differing on the grant of relief. If there is a difference of opinion, it should be in favour of liberty.” 

Earlier round 7.00 PM, the two-judge bench of Justices AS Oka and Prashant Kumar Mishra had differed on granting her “interim protection.” Justice AS Oka expressed his intention to grant her safety by asking the state to position on file that no coercive motion can be taken towards her. However, Justice Prashant Kumar Mishra appeared “reluctant”. The judges then referred the matter to CJI DY Chandrachud, asking for constituting a three-judge bench to listen to her plea. 

Justice Oka was of the view that the HC ought to have “given some breathing time” for her to surrender and for the matter to be placed before the top court. The SC granted Teesta interim bail on September 2, 2022. Justice Oka said, “The court could have granted at least breathing time so that it could have been considered by the higher court. Heavens are not going to fall if you say that you will not take any action until Tuesday. We all are handicapped. The books have been given to us now. For 9 months she was on bail and what will happen within 72 hours? We’ll have to hear the matter fully.”

Appearing for the Gujarat authorities, Solicitor General Tushar Mehta mentioned that Teesta was not even entitled to interim safety since she took your complete system for a trip. Mehta mentioned, “I am opposing the plea with all my might,” he additionally mentioned.

Earlier within the day, the Gujarat HC’s single bench of Justice Nirzar S Desai rejected her common bail utility and likewise turned down her request for staying the operation of its order for 30 days. Teesta was arrested on June 25 by Gujarat’s Anti Terrorism Squad, hours after the highest court docket dismissed the plea of Zakia Jafri for a probe into the bigger conspiracy case behind the riots.