SC Stays Gujarat HC Order Directing Teesta Setalvad To Surrender Right Away In 2002 Riots Case

The Gujarat High Court had ordered activist Teesta Setalvad to surrender immediately, but the Supreme Court has stayed this order.

The apex court has instructed the registry to seek orders from the Chief Justice of India to present the case before an appropriate bench within a week.

On 1 July, a three-judge bench observed that the High Court was mistaken in not granting Setalvad consideration of being a woman entitled to special protection under Section 437 of CrPC.

Earlier that day, during an urgent hearing, two judges on a division bench expressed differing opinions on whether to grant interim protection from arrest to the activist.

The Gujarat High Court had ordered her immediate surrender in a forgery case related to the post-Godhra riots.

The bench of Justices A S Oka and P K Mishra were unable to reach a unanimous decision in Setalvad's case. They referred it to the Chief Justice of India to be listed for a hearing before a larger bench.

The Gujarat High Court had earlier in the day (1 July) denied bail to Setalvad. In the evening, Setalvad hurried to the top court seeking relief.

Solicitor-General Tushar Mehta, representing Gujarat, urged the top court not to intervene. He accused Setalvad of forging documents to implicate authorities in the state.

Mehta alleged that she had coached witnesses in the case and tarnished the state's reputation.

Initially, the bench suggested that Setalvad should be protected until Monday or Tuesday as the judges had not reviewed the High Court order.

The court also enquired if Setalvad had violated any bail conditions during her time out. She had been on interim bail. Singh responded in the negative.

Singh, with the judges divided in their opinion, requested another hearing on the night itself before the next bench, at the end of the hearing.