The anticipatory bail plea of social activist Teesta Setalvad, who is facing arrest in a fund embezzlement case, has gone to a larger Bench of the Supreme Court. Both Setalvad and her husband will enjoy protection from arrest till the larger Bench is to take up the matter.
The order has come after a long wait of one month when a two-judge Bench reserved orders in the case on February 19. The Bench of Justices Dipak Misra and Adarsh Goel on Thursday felt that the issue in question was a vexed debate on preserving the value of liberty and upholding the rule of law.
Both Setalvad and her husband Javed Anand run two trusts — Sabrang Trust and Citizens for Justice and Peace, which received funds (from foreign and domestic sources) running into crores of rupees for the purpose of building a museum in honour of 2002 Gujarat riot victims of Gulbarga Society.
The Gujarat Police alleged the couple diverted large chunks of money into their personal accounts which were then used to meet their personal expenses, purchase of luxury goods, visit to foreign countries, and paying credit card bills.
While Gujarat Police claimed that the duo were not cooperating with the probe, Setalvad made a counter charge that she was a victim of vendetta by the state government as she championed the cause of victims of Gujarat riots.
Justice Misra, writing the judgment for the bench said, “Having stated about the value of liberty, the concept of regulated freedom, societal restriction, supremacy of law, concept of anticipatory bail and assertion of prosecution about the non-cooperation of the appellants in the investigation, and the asseverations made by the appellants, we think it appropriate that the matter should be heard by a larger bench.”
Setalvad and her husband had on the previous date undertaken to supply all documents required by the police and cooperate fully with the probe in the event the Court extended the protection from arrest granted by Court initially on February 12, 2015. Incidentally, the trial court and Gujarat High Court had found no substance to grant anticipatory bail.
The bench, while referring the bail matter to the CJI held, “The appellants shall not be arrested in connection with FIR registered with DCP Crime Branch, Ahmedabad.”