The Supreme Court pointed out on Thursday, 1 September, while coming down heavily on the Gujarat government, that none of the alleged offences Teesta Setalvad was charged with could bar her from getting bail.
"There is no offence in this case which comes with a rider that bail cannot be granted like UAPA, POTA. These are normal IPC offences...These are not bodily offences, these are offences of documents filed in court. In these matters, normal idea is, after the initial period of police custody, there is nothing which stops investigators from probing without custody. And as per 468 mandate, a Lady is entitled to favourable treatment," observed Chief Justice of India (CJI) UU Lalit, as per LiveLaw.
A bench comprising CJI, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia were hearing Setalvad plea, challenging Gujarat High Court's order which had denied her interim bail in the case.
Setalvad was arrested for allegedly fabricating evidence to frame "innocent people" in the 2002 Gujarat riots cases.
The apex court, while adjourning the matter till 2pm on Friday 2 September, also asked why the state's high court had given such a long adjournment in the case pertaining to the bail.