#SupremeCourtofIndia to hear plea of #TeestaSetalvad in a special sitting after #GujaratHighCourt rejected her regular bail plea in connection with FIR by state police accusing her of fabricating documents to implicate high govt functionaries in relation to 2002 Gujarat riots.
#GujaratHighCourt observed that #TeestaSeetalvad had 'intention to tarnish the image of the then Chief Minister (Narendra Modi) and thereby to send him to jail and compel him to resign', besides accusing the social activist of polarising people of a 'particular community'.
#SupremeCourtofIndia bench comprises Justices Abhay S Oka and Prashant Kumar Mishra, counsel for state of Gujarat asks for a pass-over.
Oka J: Order pronounced on Friday. Court could have granted some time to surrender? We are not going into the merits right now.
Oka J: Order pronounced on Friday. Court could have granted some time to surrender? We are not going into the merits right now.
SG Tushar Mehta joins: Apologies for my attire, I rushed back from another function.
Oka J: Matter may be listed on Tuesday, that's what we are saying. Some time to surrender. Let us be very fair, some time should be granted for a higher court to examine.
#SupremeCourtofIndia
Oka J: Matter may be listed on Tuesday, that's what we are saying. Some time to surrender. Let us be very fair, some time should be granted for a higher court to examine.
#SupremeCourtofIndia
SG: I am answering your question as to why HC did not grant time to surrender...
Oka J: We are telling you something very reasonable...We have not decided anything. But we are also handicapped, we received paperbook now.
#SupremeCourtofIndia
Oka J: We are telling you something very reasonable...We have not decided anything. But we are also handicapped, we received paperbook now.
#SupremeCourtofIndia
Oka J: Been on interim bail since September 2022. Was there a breach?
SG: Please allow me to persuade the court...Please see how entire State was maligned, witnesses led...She has taken entire institution for a ride. Question of majesty of institution.
#SupremeCourtofIndia
SG: Please allow me to persuade the court...Please see how entire State was maligned, witnesses led...She has taken entire institution for a ride. Question of majesty of institution.
#SupremeCourtofIndia
SG reads out from #GujaratHighCourt order, says: SIT not that of state of Gujarat, but that constituted by and under supervision of #SupremeCourt...
Report on HC's order can be read below.
#SupremeCourtofIndia
livelaw.in
Report on HC's order can be read below.
#SupremeCourtofIndia
livelaw.in
![[2002 Gujarat Riots Case] High Court Rejects Teesta Setalvad's Bail Plea, Directs Her To 'Surrender Immediately'](https://pbs.twimg.com/news_img/1675132640956145665/Um_17qe-?format=jpg&name=orig)
SG: For all that she has done...She may go to jail. If Your Lordships find that she has been wrongly taken into custody, she can always be released. That is the rule of law.
#SupremeCourtofIndia
#SupremeCourtofIndia
Oka J pronounces order, "We are unable to agree on this. Matter may be placed before #ChiefJusticeofIndia to constitute a larger bench."
SG: I apologise, Your Lordships.
Oka J: You need not apologise, you must have missed some function. (laughs)
#SupremeCourtofIndia
SG: I apologise, Your Lordships.
Oka J: You need not apologise, you must have missed some function. (laughs)
#SupremeCourtofIndia
In view of disagreement between Justices Oka and PK Mishra regarding grant of interim bail to Teesta, matter referred to a larger bench.
Complete details of the case here:
[2002 Gujarat Riots Case] #SupremeCourt Judges Differ On Granting Interim Protection To Activist Teesta Setalvad, Matter To Be Placed Before Larger Bench
#TeestaSetalvad #supremecourtofindia #GujaratHighCourt
livelaw.in
[2002 Gujarat Riots Case] #SupremeCourt Judges Differ On Granting Interim Protection To Activist Teesta Setalvad, Matter To Be Placed Before Larger Bench
#TeestaSetalvad #supremecourtofindia #GujaratHighCourt
livelaw.in
#BREAKING A 3-judge bench to hold a special sitting at 9.15 PM today to hear Teesta Setalvad's plea.
#SupremeCourt
#SupremeCourt
A bench comprising Justices BR Gavai, AS Bopanna and Dipankar Datta will hear #TeestaSetalvad's plea at 9.15 PM.
The matter was referred to larger bench as the judges of the two-judge bench differed on granting Setalvad interim protection.
#SupremeCourt
The matter was referred to larger bench as the judges of the two-judge bench differed on granting Setalvad interim protection.
#SupremeCourt
Follow this thread for live-updates from the hearing before the 3-judge bench.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Senior Advocate CU Singh and Advocate Aparna Bhat for Teesta Setalvad.
Solicitor General Tushar Mehta for Gujarat Police.
Bench yet to assemble.
#SupremeCourt #TeestaSetalvad
Solicitor General Tushar Mehta for Gujarat Police.
Bench yet to assemble.
#SupremeCourt #TeestaSetalvad
Justice Gavai asks about the September 2022 order passed by the #SupremeCourt granting Teesta Setalvad interim bail.
Singh refers to the September order.
Singh refers to the September order.
Singh reads the interim bail order passed by a bench led by then CJI U U Lalit.
livelaw.in
livelaw.in
Singh : This was in 2, September 2022. On September 3, the Sessions Court imposed conditions..
J Gavai : What were the conditions?
Singh : 20,000 rs surety, surrender passport etc...On 20 September, chargesheet was filed. I was never called for a single interrogation after…
J Gavai : What were the conditions?
Singh : 20,000 rs surety, surrender passport etc...On 20 September, chargesheet was filed. I was never called for a single interrogation after…
Singh : There is no case that I have violated interim bail conditions.
J Gavai : Trial has started?
Singh : No, charges are yet to be framed.
#SupremeCourt #TeestaSetalvad
J Gavai : Trial has started?
Singh : No, charges are yet to be framed.
#SupremeCourt #TeestaSetalvad
Singh : On merits, the chargesheet are under 7 sections of which only 2 sections are non-bailable - 194 and 468 IPC. On plain reading, the sections are not applicable.
Justice Gavai : Today we are concerned only with interim protection. When was the order passed?
#SupremeCourt…
Justice Gavai : Today we are concerned only with interim protection. When was the order passed?
#SupremeCourt…
Singh : 11.30 today morning the order was passed by the HC. Request was made to the HC to extend the interim protection by 30 days. It was rejected. No reasons given for rejection. Immediate surrender was ordered.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Singh : On June 24, 2020, judgment in Zakia Jafri case was delivered, rejecting the challenge to SIT report. While rejecting the challenge, in one passage, the judgment said this was keeping the pot on boil and the people responsible by keeping the pot on boil must be booked.
Singh : Next day, Gujarat ATS registers FIR and a squad comes to Mumbai to take Ms.Setalvad and she was formally arrested in Gujarat on June 26.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Solicitor General : I would expect your lordship to do the same thing which will be done in the case of a common man.
Justice Gavai. :This person was on bail for ten months. What is the urgency in taking her into custody? Will the skies fall if interim protection granted for…
Justice Gavai. :This person was on bail for ten months. What is the urgency in taking her into custody? Will the skies fall if interim protection granted for…
Justice Gavai : We are taken by surprise by the High Court has done. What is the alarming urgency?
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : There is something more than meets the eye. There is something more than the innocuous manner in which the matter has been presented. This is a question of a person who is abusing every forum.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai : We are only concerned with one thing. When a person is on interim protection for several months, is that person not entitled to one more week?
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai to SG : We have seen in the country, when a High Court has allowed house custody, a full bench is constituted within hours. You are aware of the case.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : It is not a question of one individual. It is a question of rule of law. She is to be treated as an ordinary criminal.
Justice Gavai : Even an ordinary criminal is entitled to some interim relief.
#SupremeCourt #TeestaSetalvad
Justice Gavai : Even an ordinary criminal is entitled to some interim relief.
#SupremeCourt #TeestaSetalvad
SG : She started making a malicious campaign....yes, the riots did take place, the Court constituted SIT. SIT functioned under this Court's monitoring. SIT receives pre-typed and pre-signed statements..this is not the way.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : The witnesses told the SIT they don't know the contents and they were given the statements by this same petitioner. Her focus was on particular area which was found to be false.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : The petitioner filed false affidavits, tutored witnesses. The judgment rejecting the protest petition notes this. This was affirmed by the High Court and also this Court.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : The judgment specifically observed what I said. The SC judgment elaborately discusses everything including the role of the petitioner.
SG reads out the passages from the SC judgment of June 2022 in Zakia Jafri case.
#SupremeCourt #TeestaSetalvad
SG reads out the passages from the SC judgment of June 2022 in Zakia Jafri case.
#SupremeCourt #TeestaSetalvad
SG : Petitioner started collected money for riots victims...
J Gavai : I had the benefit of reading Bar and Bench report while coming here and the order of the single bench was mentioned there.
#SupremeCourt #TeestaSetalvad
J Gavai : I had the benefit of reading Bar and Bench report while coming here and the order of the single bench was mentioned there.
#SupremeCourt #TeestaSetalvad
SG : Entire nation was maligned, entire state was maligned, not only inside the country, but outside the country, by the petitioner. It is not a question of one individual. These are offences are against the integrity of the nation.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai : The question is whether the heavens will fall in eight days (if interim protection granted)?
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Datta (referring to June 2022 judgment in Zakia Jafri case) : These are harsh words coming from Supreme Court. Which Magistrate will grant bail after the SC observations?
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai : It was understandable if the Court had merely said the conduct of the petitioner was not worthy..but to directly say they should be put in the dock...
SG : Are we hearing an appeal against the three-judge bench judgment of this Court
#SupremeCourt…
SG : Are we hearing an appeal against the three-judge bench judgment of this Court
#SupremeCourt…
SG : Your lordships are criticising a three-judge bench. In that judgment, your lordships were very very polite..
Justice Gavai : Perceptions differ, we would leave at that.
#SupremeCourt #TeestaSetalvad
Justice Gavai : Perceptions differ, we would leave at that.
#SupremeCourt #TeestaSetalvad
Justice Gavai : We are sorry to say the single judge was totally wrong in not granting interim protection even for one week. When this Court has granted interim bail, extending it by a week would have been ideal.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Datta : With the judgment coming on a Saturday when it comes to loss of liberty.
SG : It was a working Saturday.
Justice Datta : Saturday still.
#SupremeCourt #TeestaSetalvad
SG : It was a working Saturday.
Justice Datta : Saturday still.
#SupremeCourt #TeestaSetalvad
SG : Kindly see what kind of litigant is she (refers to an earlier HC order refusing bail). This is not an ordinary case. This is somebody who takes every institution for ride. Somebody who writes to international organizations in Geneva, maligning the country.
Justice Datta : Mr Solicitor, her conduct might be reprehensible. The only question is whether the person is not entitled to interim bail.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Singh says the HC order referred to by SG was stayed by SC. SG disputes.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai : A 3-judge bench of this Court thought it fit to grant her interim bail. What harm if granted for 8 more days.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Justice Gavai : We will post before regular bench and will grant her interim bail till then. We are staying HC order.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
SG : Instead of staying, your lordships may extend the time to surrender.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Bench in the order : We are not going into the merits of the matter. We are only concerned with that part of the order which rejected the petitioner's request for stay. In ordinary circumstances, we would not have interfered. After the petitioner was arrested, this Court…
Bench : One of the factors which weighed with this Court in granting interim bail was that the petitioner was a lady...
SG : This will affect the merits, kindly avoid.
Bench (continues) : ...and was entitled to special protection under S.437 CrPC.
SG : This will affect the merits, kindly avoid.
Bench (continues) : ...and was entitled to special protection under S.437 CrPC.
Bench : Taking into consideration this fact, the learned single judge ought to have granted some time ...we stay the order of the single bench for a period of one week.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
Bench : In the meantime, the registry shall obtain orders from the CJI for listing before the appropriate bench.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
#BREAKING Supreme Court stays Gujarat High Court's order which rejected regular bail application of Teesta Setalvad in the case for alleged fabrication of documents in relation to 2002 Gujarat riots probe.
#SupremeCourt #TeestaSetalvad
#SupremeCourt #TeestaSetalvad
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