Raising serious concerns about the way activist Teesta Setalvad has been kept in custody in Gujarat for over two months, the Supreme Court on Wednesday questioned how the Gujarat supreme court issued notice posing for a reply after six weeks.
A bench led by jurist of India UU Lalit also observed that there's "no offence during this case over which bail can not be granted", that too to a girl. Ms Setalvad has been in jail for over two months and yet no chargesheet has been filed, the judges said.
Stating that the FIR filed against the petitioner doesn't say much aside from the observations made by the Supreme Court, the bench said the Gujarat judicature, while issuing notice on Ms Setalvad's bail plea on August 3, granted an extended adjournment.
The bench, including Justice S Ravindra Bhat and Justice Sudhanshu Dhulia, raised several questions associated with Ms Setalvad's custodial detention.
"She could be a lady. How did the court issue notice returnable after six weeks? Is that the quality practice in Gujarat tribunal? and provides us instances where a woman is involved in an exceedingly case like this and therefore the High Court has made it [notice on bail plea] returnable by six weeks," said the judge.
Teesta Setalvad has been in custody since June 25 over allegations that she faked documents to file cases associated with the 2002 Gujarat riots.
"There is not any offence during this case that comes with a rider that bail can't be granted, like Unlawful Activities (Prevention) Act and Prevention of Terrorism Act. These are normal offences and a girl is entitled to favourable treatment," the magistrate said.
The peace officer of India, Tushar Mehta, sought an adjournment to yesterday's hearing. "All these arguments should be made within the judicature and not within the Supreme Court. That's my preliminary objection," Mr Mehta said.
Senior lawyer Kapil Sibal, the counsel for Ms Setalvad, said: "I am challenging the FIR. There can't be an FIR here. The FIR doesn't disclose what is the document I forged."
Ms Setalvad was arrested in Mumbai by Gujarat Police's Anti Terror Squad, every day after the Supreme Court dismissed her client Zakia Jafri's petition that challenged the Special Investigation Team clearing Narendra Modi, the then Chief Minister of Gujarat, of any wrongdoing within the alleged larger conspiracy involving the Gujarat riots.
The court will take up Ms Setalvad's bail plea again today at 2 pm.
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(With input from news agency language)
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