The Gujarat High Court’s notice requesting a response within six weeks sparked severe concerns from the Supreme Court on Wednesday regarding the activist Teesta Setalvad’s more than two-month incarceration in Gujarat.
There is “no wrongdoing in this case over which bail cannot be granted,” said a bench led by Chief Justice of India UU Lalit.
This is true even for a woman. The justices noted that even though Ms. Setalvad has been incarcerated for more than two months, no chargesheet has been made.
The bench claimed that aside from the points made by the Supreme Court, the FIR filed against the petitioner was silent, and that the Gujarat High Court had allowed a lengthy adjournment when it issued notice regarding Ms. Setalvad’s bail request on August 3.
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The justices on the bench, S Ravindra Bhat and Sudhanshu Dhulia, brought up a number of issues about Ms. Setalvad’s remand in custody.
“She is ladylike. How did the high court issue the notice with a six-week return period? Is that Gujarat High Court standard procedure? Provide examples of cases involving women in whom the High Court has ordered that the notice of bail plea be returned within six weeks “the Chief Justice added.
Teesta Setalvad has been detained since June 25 on suspicion of fabricating paperwork to file lawsuits involving the violence in Gujarat in 2002.
“No offence, such as those included by the Unlawful Activities (Prevention) Act and the Prevention of Terrorism Act, prohibits the granting of bail in this case. These are common offences, and a woman has a right to lenient treatment “declared the Chief Justice.
Tushar Mehta, the Indian Solicitor General, requested a postponement of the hearing from yesterday. “Instead of the Supreme Court, the High Court should hear all of these issues. This is my first objection “Mehta stated.
Ms. Setalvad’s legal representative, senior attorney Kapil Sibal, stated: “I’m disputing the FIR. There can’t be a FIR in this case. What kind of document I faked is not mentioned in the FIR.”
A day after the Supreme Court rejected Zakia Jafri’s petition challenging the Special Investigation Team’s finding that Narendra Modi, the then-Chief Minister of Gujarat, was innocent of any wrongdoing in the alleged larger conspiracy involving the Gujarat riots, Ms. Setalvad was detained in Mumbai by the Gujarat Police’s Anti Terror Squad.
At 2:00 p.m. today, the court will revisit Ms. Setalvad’s request for bail.