Supreme Court stays arrest of Teesta Setalvad and husband Javed Anand till February 19

NEW DELHI: The Supreme Court on Friday stayed the arrest of activist Teesta Setalvad and husband Javed Anand till Feb 19, after a half-hourlong hearing during which advocate and Congress leader Kapil Sibal claimed that the activist couple were being targeted by the ruling BJP for their advocacy on behalf if the victims of the 2002 Gujarat riots.

The acrimony spilled over when former ASG Indira Jaising, sitting in the audience and watching proceedings alongside the likes of lawyers Prashant Bhushan and TR Andhyarujina, referred to a “Rs 10-lakh suit” when the state accused Teesta of using NGO funds for buying “branded clothes” and “shoes”. “We have been observing the sorry state of affairs in this court.

People involved in triple murders are given bail. What’s going on?” she demanded to know. The bench, comprising Justices SJ Mukhopadhaya and NV Ramana, asked her not to intervene as she was not representing anyone in the case.

The bench heard Setalvad’s lawyer Kapil Sibal and Additional Solicitor General Tushar Mehta, representing the Gujarat government before adjourning the case till February 19, 2015. The judges said they would examine the allegations to decide whether it was a fit case for grant of anticipatory bail.

At the outset, Justice Mukhopadhaya observed that the “FIR says you have indulged in the offence in the name of religion. You have collected money and you have used the amount for personal use.

Is it a case of anticipatory bail?” Sibal argued that she was being victimized for helping the 2002 victims, but Justice Mukhopadhaya asked him not to make political points. Sibal contested the allegation saying that the NGOs have collected only Rs 4 lakh. At best the charges against the couple could be for breach of trust, said Sibal.

Justice Mukhopadhaya, who’s to retire as SC judge shortly, pointed out that the “allegation is so grave. You collected money taking undue advantage of riot victims, showed their photos etc in the US. This is a matter for investigation. It is not a case for quashing.” Sibal defended Setalvad saying that nothing prevented the police from investigating the case.