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On September 2, 2022, the Supreme Court granted journalist, educationist and human rights defender Teesta Setalvad interim bail in the case where she faces trumped up charges foisted upon her by a vindictive regime. Here’s a closer look at the bail order where the court explained its reasons for granting Setalvad bail.
Readers would recall that on July 30, the Sessions Court rejected Setalvad’s bail application, following which she moved Gujarat High Court. The HC in turn issued notice in the case on August 3, but set the hearing for September 19. The court did not grant Setalvad any interim relief during this period. Thus, she moved SC.
The interim bail order was passed by an SC bench comprising Chief Justice UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia on September 2. At the outset, the court made it clear, “We are presently considering the matter only from the standpoint whether during the pendency of such application, custody of the appellant can be insisted upon or whether she can be granted the relief of interim bail.”
The court said, “Having considered the circumstances on record, in our view, the High Court ought to have considered the prayer for release of the appellant on interim bail during the pendency of the matter.” It further explained, “The essential ingredients of the investigation including the custodial interrogation having been completed, the relief of interim bail till the matter was considered by the High Court was certainly made out.”
The Court also said, “We hasten to add that the relief of interim bail is granted to the appellant in the peculiar facts including the fact that the appellant happens to be a lady.” But it clarified, “This shall not be taken to be a reflection on merits and shall not be used by the other accused. As and when such occasion arises, the submissions on behalf of the concerned accused shall be considered purely on their own merits.”
The entire order may be read here:
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