In a late-night hearing on Saturday, the Supreme Court has granted interim bail to renowned activist Teesta Setalvad for seven days in the conspiracy case related to the 2002 Gujarat riots. The court has stayed the Gujarat High Court's previous order denying bail to Setalvad.

During the hearing, Justice BR Gavai questioned Solicitor General Tushar Mehta, asking whether it would cause any harm if Setalvad is granted bail for a few days.

The bench, comprising Justices BR Gavai, AS Bopanna, and Dipankar Datta, also directed Setalvad's appeal against the High Court's order to be placed before the Chief Justice of India (CJI) for a detailed hearing.

Teesta Setalvad had urgently moved the Supreme Court for interim bail after the High Court had ordered her immediate surrender to the authorities. She is facing allegations of fabricating documents to implicate high-ranking officials from the then Gujarat government, headed by former Chief Minister Narendra Modi.

The Gujarat High Court, in its 127-page ruling, had expressed concern that releasing Setalvad on bail might exacerbate communal polarization in the country. It accused Setalvad of exploiting the victims of the Godhra riots to gain recognition and tarnish the image of then Chief Minister Narendra Modi, with an alleged motive to overthrow his government.

Initially listed before a Bench of Justices AS Oka and Prashant Kumar Mishra, the matter was later referred to a larger bench by the two judges who could not reach a consensus on granting interim relief to Setalvad.

Justice Dipankar Datta emphasized that the High Court's previous judgment was concerning "liberty," and Justice Gavai opined that, in case of differing opinions, the court should "lean in favour of liberty."

Solicitor General Tushar Mehta, representing the Gujarat government, contended that Setalvad should not receive any special treatment from the apex court and should be treated like any ordinary citizen.

The Supreme Court, however, reiterated that even an ordinary accused would be given time to challenge the High Court's order.

"Teesta Setalvad v. State of Gujarat: Interim Bail and High Court Stay in 2002 Gujarat Riots Conspiracy Case"

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