Today, a three-judge Supreme Court bench set aside an order of the Gujarat High Court refusing bail to activist Teesta Setalvad in the conspiracy case lodged against her for fabricating evidence in the 2002 Gujarat riots. The case was filed against her for allegedly maligning Gujarat and CM Narendra Modi for their handling of the riots. The bench including Justice AS Bopanna, Justice Dipankar Datta, and Justice BR Gavai granted bail to Teesta Setalvad. Moreover, the Supreme Court also directed that her passport will remain deposited with the trial Court during her bail. Also, she will maintain distance from the witnesses and will not try to influence them. If any of the conditions are violated, the bench allowed the Gujarat police to seek cancellation of bail.
During the court proceedings, Senior Advocate Kapil Sibal said, “It is turning the entire jurisprudence on its head. You refuse bail because you have not filed a 482 for quashing. But even with no prima facie finding of guilt bail rejected. The whole judgment proceeds on the basis that I did not seek quashing.” He also said, “Judgment of this court was rendered on June 24, 2022. It has no finding on the fabrication of any evidence. The SIT never argued that. It is the state of Gujarat who made a submission before the court that these are tutored witnesses.” Hearing, the contentions of Senior Advocate Kapil Sibal, Solicitor General Tushar Mehta, and Additional Solicitor General SV Raju, the top Court granted bail to Teesta Setalvad.