Teesta Setalvad bail: SC makes key observations about FIR, long adjournment

Supreme Court
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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.