Teesta Atul Setalvad vs State Of Gujarat (R/CR.MA/14435/2022)
Decided on: 1st July 2023
CORAM: HON’BLE Justice Nirzar Desai
Introduction
The Gujarat High Court quashed the bail proceedings of Teesta Setalvad and asked her to surrender immediately to the custody of the police.
Facts of the Case
Ms Teesta Setalvad and former IPS R B Sreekumar were arrested in 2022 on the charges of Fabricating evidence related to the 2002 riots. The FIR cites various provisions of the Indian Penal Code, including 468 (forgery for cheating), 471 (using as genuine a forged document or electronic records), 120(B) (criminal conspiracy), 194 (giving or fabricating false evidence with the intent to procure conviction of capital offence), and 211 (false charge of offence made to injure). Ms Setalvad was shielded by arrest by the temporary supreme court order, which granted her interim bail.
Judgement
Today the HC Dismissed the bail petition of the accused and ordered her to surrender to the police immediately. There have been no incidents of violation of the conditions of the bail so far, and hence, falling on the same, the advocate of the accused pleaded with the Hon’ble Justice to extend the order and grant leave from arrest for another 30 days. Hon’ble Justice Desai, in all his wisdom, chose to decide against the same.
Aftermath
Following the order of the Gujarat HC, Ms Setalvad approached the Supreme Court of India on the same day. The division bench of the Supreme Court decided to stay the order passed by the Gujarat HC, granted a leave of 7 days, and directed the registry of the SC to create a full bench in consonance with the Chief Justice, which would be better equipped to hear the case further on.
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Written by- Aadit Shah
