Gujarat Police FIR- "Need To Test Whether Incarceration Is Required": Supreme Court To Hear Teesta Setalvad's Bail Plea On Aug 30 After SG Seeks Adjournment

A Bench comprising of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia adjourned the matter to next Tuesday, August 30 after Solicitor General Tushar Mehta, appearing for the State of Gujarat sought time to make corrections in the response to the petition.

During the hearing, Solicitor General (SG) Tushar Mehta said,

"The response to the petition is ready. But I am not happy. Your Lordships may take it on Monday."

"The point is, the person is behind the bars. You can file it and give a copy at 2 pm today", the bench suggested.

At this point, the SG reminded the Court that there's nothing special in this case.

"Nothing special in this case but petitioner has been in custody for 4 days", the Bench added.

"In accordance with law", SG Mehta was quick to state.

"For a serious offence. Other legal remedies have not been exhausted….", he further submitted.

Justice Lalit said, "We are also testing it, whether incarceration is required or not."

In a while, the Bench informed that hearing the case on Monday may not be possible.

"One difficulty we have is, on miscellaneous days, we have decided to have as many courts as possible. Other days it may not be possible."

The Bench then posted the matter on Tuesday.

"Mr. Sibal, we know the difficulty but we will list as first item on Tuesday. Monday, this combination won't be possible", the Bench led by Justice Lalit said.

Accordingly, the court ordered,

"Matter mentioned by SG Tushar Mehta, appearing for the State of Gujarat. He submits that the response to the petition is ready but needs corrections. He assures that response shall be filed on or before Saturday. Rejoinder, if any, be filed on Monday. Matter to be taken up on Tuesday."

As the matter drew to a close, the SG said,

"From Monday the composition is entirely... We have the right to begin the day on a lighter note."

Hearing this, Sibal said,

"Every extra day's incarceration is wrong."

Teesta has approached the Supreme Court against the Gujarat High Court's refusal to grant her interim bail. She was arrested on June 26 from Mumbai by the Gujarat ATS, a day after the Supreme Court dismissed the petition filed by Zakia Jafri challenging the SIT's clean chit to high-ranking State functionaries and the then Gujarat Chief Minister Narendra Modi in the alleged larger conspiracy behind the 2002 riots.

While dismissing Zakia Jafri's petition, a bench led by Justice AM Khanwilkar had blamed the petitioners for "keeping the pot boiling" and showing the "audacity" to question the integrity of the Special Investigation Team and observed that "all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law".

The very next day, the Gujarat ATS arrested Teesta Setalvad, RB Sreekumar and Sanjiv Bhatt (who is already serving imprisonment in another case) in a case taken alleging filing of false proceedings using forged documents in relation to the 2002 riots.

Case Title: Teesta Atul Setalvad versus State of Gujarat | SLP(Crl) No.7413/2022

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