On Thursday, September 1, the Supreme Court made a series of observations and asked some important questions about the First Information Report (FIR), the six-week long adjournment given by the Gujarat High court in the matter pertaining to the bail, the “tenor and direction” of the investigation, and the absence of a chargesheet against journalist, educationist and human rights defender Teesta Setalvad.

The SC bench comprising Chief Justice UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia heard the case today, after it was adjourned on August 30. In fact, the same court had previously reminded the state about the petitioner being in prolonged custody.

Today LiveLaw quoted the CJI as saying, “What struck us is, your complaint doesn’t recite anything more than SC judgement. So, if the judgement is out on 24th June, 25th complaint is out. The officer who made the complaint, he was not privy to knowledge other than that. Within one day a complaint came to be filed…There are four or five features that bother us.”

The court then went on to observe that the petitioner i.e Setalvad had been in custody for over two months, during which no chargesheet had been filed. It noted that the FIR was filed just the day after the judgment in the Zakia Jafri case, and doesn’t contain anything other than the SC’s observations in the judgment. Moreover, the Gujarat High Court gave a long adjournment after Setalvad applied for bail, making the notice to the State returnable in six weeks. The charges are not pertaining to serious offenses like murder, instead they deal with alleged forgery of documents filed in court. Finally, the offenses do not bar the grant of bail.

LiveLaw quoted the CJI as asking, “Give us a case where a lady has been involved in a case like this and HC has made it returnable by 6 weeks?”

Readers would recall that at the previous hearing, senior advocate Kapil Sibal had appeared for Setalvad and submitted that the FIR had precipitated from the June 24, 2022, judgment in the Zakia Jafri case, and that it contained nothing more than what was mentioned in the judgment. Sibal had further argued that except for one charge, all others were bailable offenses.

LiveLaw quoted him as submitting today, “The question is all the documents are filed in court. If there is any perjury or forgery, it is that Court which can file the complaint. No FIR can be filed. That is settled law…Kindly see CrPC Section 195.”

However, Solicitor General Tushar Mehta, appearing for the State argued that Setalvad had defied convention by approaching the Supreme Court, even when her bail application was pending before the Gujarat High Court.

Previously, on July 30, the Sessions Court had 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. At this point, it is also important to recall that the Ahmedabad Crime Branch, that had questioned Setalvad in custody, had also submitted before the court of the local metropolitan magistrate in mid-July that her custodial interrogation was not required any more.

The Supreme Court today expressed an inclination to grant Setalvad interim relief and even asked the State about the “tenor and direction” of the investigation. The hearing will resume at 2 PM on Friday.

Related:

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The post Teesta Setalvad bail: SC makes key observations about FIR, long adjournment appeared first on SabrangIndia.

In fresh developments in the matter pertaining to the bail plea of journalist, educationist and human rights defender Teesta Setalvad, her lawyers have finished making their arguments in the case.

Readers would recall that at the last bail hearing on July 15, the State had some last minute submissions, as a result of which the bail hearing had been adjourned till today. The State had made a series of bizarre allegations that Setalvad had conspired against the people who led the Gujarat administration in 2002, at the behest of the now deceased Congress leader Ahmed Patel.

It is noteworthy that these allegations had not been mentioned in the First Information Report (FIR) filed against Setalvad, former Gujarat Director General of Police (DGP) RB Sreekumar and former IPS officer Sanjiv Bhatt.

While Setalvad is the secretary of Citizens for Justice and Peace (CJP), the organisation that assisted Zakia Jafri, the widow of slain Congress leader Ehsan Jafri, in moving a Special Leave Petition (SLP) demanding a thorough probe into the violence, Sreekumar and Bhatt are whistleblower police officials.

The FIR had been initiated against them a day after the Supreme Court made a series of pointed observations about them in their judgment while dismissing Zakia Jafri’s petition.

Today, Setalvad and RB Sreekumar’s lawyers tore into the Crime Branch’s affidavit and showcased how none of the ‘offences’ alleged in the pertinent matter are maintainable as none of the courts in which the said matter were being heard had made any complaint whatsoever.

They further argued that instead of substantiating their case with adequate evidence, the State has gone into a totally irrelevant ‘broader conspiracy’ which has no immediate relevance to this case. Hence, while any maintainable evidence is non-existent, which would be established during the trial, not granting bail in this matter would be a travesty of justice.

The State represented by the Public Prosecutor will now make their submissions, but as time ran out today, their submissions would continue on Wednesday July 20, when a decision on the bail is expected.

Related:

Free Teesta Setalvad: Peers and fellow activists offer a testament to her tenacity

Human Rights defenders stand with Teesta Setalvad

Indian intelligentsia bats for Teesta Setalvad

Free Teesta Setalvad: A week in the life of a brave human rights defender

The post Arguments to continue in Teesta Setalvad’s bail application on July 20 appeared first on SabrangIndia.