New Delhi

The Supreme Court on Wednesday (July 19) granted regular bail to activist Teesta Setalvad who was asked to "surrender immediately" earlier this month by Gujarat High Court in a case linked to the 2002 Gujarat riots.

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Teesta Setalvad is accused of forgery, fabrication of evidence, making false charges of offences with intent to injure, conspiracy in connection with the 2002 riots cases.

A three-judge bench comprising Justices BR Gavai, AS Bopanna and Dipankar Datta quashed the Gujarat High Court’s July 1 order that denied Setalvad regular bail.

The top court opined that the lower court’s observations were “perverse” and “contradictory”.

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Apex court finds faults in high court’s verdict

“The Gujarat High Court’s order is quashed and set aside… Protection granted to her by this court shall be extended. Passport will remain in custody. Petitioner shall not attempt to influence witnesses,” the bench said in its order, according to LiveLaw outlet.

The apex court also found faults in the high court’s verdict, saying, “If the observation of the learned judge is to be accepted, no application for bail can be accepted unless the accused files an application for quashing the proceedings… To say the least, the findings are totally perverse. On the other hand, the learned judge goes on to discuss the statements of some witnesses and finds that prima facie case is made out. The findings are totally contradictory, to say the least.”

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The court noted that chargesheet had been filed against Setalvad, and that evidence was already with the proving agency,

“There is hardly any reason for fear that they would be tampered with.”

As a result, the bench said that there was no need for Setalvad to be kept in custody anymore.

Bench questions timing of Setalvad's arrest

“The passport of the appellant already surrendered will be in custody of session court. The appellant shall not make any attempt to influence witnesses and shall stay away from them,” the bench said.

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The Supreme Court granted liberty to the Gujarat Police to move the top court if an attempt is made to influence witnesses in the case.

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During the hearing, Justice BR Gavai questioned the motives and timing of Setalvad's arrest.

 "What were you doing till 2022? What investigation have you done from June 24 and June 25 that you decided she has done something so heinous as to warrant her arrest?"

(With inputs from agencies)

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