The Supreme Court has asked CBI and the Government of Gujarat on whether they want to send social activist Teesta Setalvad and her husband Javed Anand back in custody when they have been out on bail for over seven years.
Senior Advocate Kapil Sibal who represented Setalvad told the bench of Justice SK Kaul, Justice AS Oka and Justice BV Nagarathna that they have composed a list of all matters pending and what is the status.
Kapil Sibal added that the Anticipatory bail matters are pending for eight years. He added that the high court has granted anticipatory bail. In several cases even the regular bail has also been granted ,however no charge sheet filed. And the matter is kept pending.
Justice Kaul remarked, Anticipatory bail pending I don’t understand. What is there in the matter therefore?”
justice Kaul later said that the question is how long can you keep someone in custody.
Seven years have passed since anticipatory bail was granted. You want to send her back to custody?
In the absence of Solicitor General Tushar Mehta,Advocate Rajat Nair, who appeared for the CBI and the Gujarat government submitted that some additional material needed to be placed before the court with regard to the pending matters and, therefore, four weeks time may be given.
Advocate Nair said that the bench of two judges has referred this matter to a larger bench and has framed questions which need to be decided by this court.
The bench has now posted the matter for further hearing after four weeks.
The Apex court was hearing a batch of pleas filed by Setalvad, Anand, the Gujarat police and the CBI arising out of three FIRs lodged against the couple over alleged embezzlement of funds raised for victims of 2002 Gujarat riots.