The apex court was hearing the appeal filed by Setalvad and her husband against the judgement of the Gujarat High Court which rejected their plea for anticipatory bail for not cooperating with the investigation.
The Gujarat government faced some tough questions from the bench which asked, "Is this such a case where the liberty should be taken away or curtailedIJ
"What is the need for personal or custodial interrogationIJ" the bench asked Jethmalani who said that it is a case of "rank non-cooperation" and "tampering with witness" by the accused.
However, the bench said, the question is "can the liberty of a person be put on ventilator of the ICUIJ"
At the outset, Sibal said no citizen is above the law and if any wrong has been committed, that person has to bear the consequences but, at the same time, the state can also be not allowed to prosecute the people who have been fighting the state.
He submitted that Setalvad and her husband have been protected by the court in six FIRs and this was the seventh FIR lodged by Gujarat Police accusing them of misappropriating crores of rupees but the fact was they had raised only Rs 4.60 lakh.
He submitted that the accused were ready to place entire documents and also ready for scrutiny of each and every entry of the account book.
The bench wanted to know from Jethmalani as to why Setalvad and her husband were required to be taken for custodial interrogation.
Jethmalani said maximum opportunity was given to them but they have not cooperated in the investigation in the case in which they have collected money in the name of the riot victims.
The apex court was hearing the appeal filed by Setalvad and her husband against the judgement of the Gujarat High Court which rejected their plea for anticipatory bail for not cooperating with the investigation.
The Gujarat government faced some tough questions from the bench which asked, "Is this such a case where the liberty should be taken away or curtailedIJ
"What is the need for personal or custodial interrogationIJ" the bench asked Jethmalani who said that it is a case of "rank non-cooperation" and "tampering with witness" by the accused.
However, the bench said, the question is "can the liberty of a person be put on ventilator of the ICUIJ"
At the outset, Sibal said no citizen is above the law and if any wrong has been committed, that person has to bear the consequences but, at the same time, the state can also be not allowed to prosecute the people who have been fighting the state.
He submitted that Setalvad and her husband have been protected by the court in six FIRs and this was the seventh FIR lodged by Gujarat Police accusing them of misappropriating crores of rupees but the fact was they had raised only Rs 4.60 lakh.
He submitted that the accused were ready to place entire documents and also ready for scrutiny of each and every entry of the account book.
The bench wanted to know from Jethmalani as to why Setalvad and her husband were required to be taken for custodial interrogation.
Jethmalani said maximum opportunity was given to them but they have not cooperated in the investigation in the case in which they have collected money in the name of the riot victims.
