activist Teesta Setalvad

SC Grants Interim Protection To Activist Teesta For 7 Days

The Supreme Court granted interim protection to social activist Teesta Setalvad, whose regular bail was rejected by the Gujarat High Court today in a case of alleged fabrication of evidence in relation to the 2002 Gujarat riots. High Court had asked her to surrender immediately.

In a special sitting, a three-judge bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed for seven days the order of the Gujarat High Court which asked her to surrender immediately while rejecting her regular bail plea.
Granting interim protection from arrest for seven days to Setalvad, the bench said, “The single judge ought to have granted some time… We stay the order of the single bench for a period of one week.”

While giving the judgement Supreme Court observed that “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, observed Supreme Court.

Solicitor General said that it’s not an ordinary case; somebody takes institutions for a joy ride. The country and state were maligned for decades. She wrote to Geneva, the SG said.

Supreme Court asked Solicitor General, “Her conduct may be reprehensible, but today we are considering whether a person should be stripped of liberty even for a day?”

Supreme Court further observed that she was on bail for 10 months and asked about the urgency in taking her into custody?

“Will the skies fall if interim protection granted… We are taken by surprise by what the High Court has done. What is the alarming urgency?” asked Supreme Court.

In the evening Supreme Court’s two-judge bench of Justices Abhay S Oka and Prashant Kumar Mishra differed on granting interim protection to her and referred the matter to Chief Justice of India to constitute a larger bench. (ANI)

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1984 Sikh Massacre

1984 Sikh Massacre: SC Takes SIT On Record

Senior Advocate HS Phoolka on Thursday apprised the Supreme Court about the sham trial that has taken place in the 1984 cases.

Senior Advocate HS Phoolka cited the SIT report which was filed on November 29, 2019. According to the SIT report, in FIR No 433/84 PS Kalyanpuri, while police after clubbing various cases sent a challan in respect of the murder of 56 persons, the trial court framed charges only in respect of the killing of 5 persons and no change was framed in respect of remaining murders.
The report stated that witnesses appeared before the court and gave evidence about the killings of their nears and dears but since no charge was framed in respect of the rest of the murderers/accused persons, the testimony of witnesses went waste and nobody was punished.

The report also stated that it is not known why charges were framed only for 5 murders and not 56 murders and why the trial court did not order a separation of the trial for each incident of crime.

According to the report, it is also seen from the perusal of judgments found in these files that when the witness stated in the court that she had seen the incident and could identify the culprits, the public prosecutor did not even ask her to identify the rioters out of several accused persons present in the court.

A bench of Justices AS Bopanna and PS Narasimha took the report of the Special Investigation Team on record and adjourned the hearing for two weeks. The court also asked Senior Advocate HS Phoolka to file a note.

The court was hearing Petitioner S Gurlad Singh Kahlon, who had sought the court’s direction for setting up of the SIT to ensure speedy justice for the riot victims. (ANI)

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