New Delhi: The Supreme Court on Monday sought a response from the Gujarat government on a bail plea by activist Teesta Setalvad, arrested for allegedly fabricating evidence to frame "innocent people" in the 2002 Gujarat riots cases.
A bench headed by Justice U U Lalit issued notice to the state on the plea filed by Setalvad, who was arrested in June in the case and posted the matter for hearing on August 25.
The Gujarat High Court, on August 3, issued a notice to the state government on the bail plea of Setalvad and fixed the matter for hearing on September 19.
Senior advocate Kapil Sibal, appearing for Setalvad, told the apex court that allegations in the FIR are recitation of proceedings that had happened and culminated in the judgment of the apex court on a petition filed by Zakia Jafri.
The top court had on June 24 dismissed a plea filed by Zakia Jafri, the wife of former Congress MP Ehsaan Jafri who was killed in Ahmedabad during the riots, triggered by the torching of a coach of Sabarmati Express by a mob near Godhra station on February 27, 2002.
As many as 59 passengers were charred to death in the incident.
Sibal told the bench, also comprising Justices S R Bhat and Sudhanshu Dhulia, that beyond such recitation, nothing has been alleged against Setalvad.
At the outset, Justice Lalit said that as a lawyer, he had represented some of the accused in the Sohrabuddin matter.
"I do not know whether this petitioner has taken any stand in connection with those matters or not," Justice Lalit told Sibal.
The latter said as far as the petitioner is concerned, they have no issue at all.
The bench noted that Sibal has submitted that his client has no objection to this bench hearing this plea.
"It is true that the trial court has rejected your bail application but the matter at your instance is presently pending in the high court," the bench observed. Sibal said the genesis of the case emanates from the apex court order and that is why the FIR has been filed.
"We will issue notice and then consider any relief which can be granted to you while the matter is still pending in the high court," the bench observed. Sibal said the petitioner wants interim bail.
The bench initially said it would take up the matter for hearing on August 30.
When Sibal requested: "Can it be a little early", the bench said it would list the matter on August 25.
"Issue notice. Considering the facts and the circumstances of the case on record, let the notice be made returnable on August 25," the bench said while granting liberty to serve standing counsel for the state.