Teesta Setalvad's lawyer seeks bail, points lack of prima facie case, violation of procedure by ATS
Gujarat: In a bail hearing at the Gujarat High Court, Teesta Setalvad's lawyer presented arguments emphasizing the lack of a prima facie case and the violation of legal procedures. Setalvad, a renowned human rights activist, is seeking permanent bail in a case accusing her of submitting false evidence.
During the hearing, Senior Advocate Mihir Thakore, representing Setalvad, meticulously discussed each charge mentioned in the First Information Report (FIR) and expounded upon the definitions of the offenses invoked against his client under the Indian Penal Code (IPC). Thakore underscored that none of the charges were substantiated against Setalvad, as the alleged forged or false affidavits were actually filed before the Supreme Court and not the police. These affidavits were submitted in a transfer petition by the National Human Rights Commission (NHRC) four years prior to the complaint filed by Zakia Jafri in 2006. Thakore argued that, as per Section 195 of the Code of Criminal Procedure (CrPC), no proceedings can be initiated against Setalvad without a complaint from the court.
Furthermore, Thakore highlighted that the statements recorded by the Special Investigation Team (SIT) and the affidavits filed before the SIT were not referred to in Jafri's 2006 complaint or the subsequent protest petition. These affidavits were not utilized in Jafri's special leave petition before the Supreme Court; they were solely submitted to support the NHRC's transfer petition, which predated Jafri's complaint.
Citing the Supreme Court's judgment in Iqbal Singh Marwah and anr vs Meenakshi Marwah (2005) 4 SCC 370, Thakore emphasized that proceedings can only be initiated through a complaint filed by a competent court, as specified in Section 195 and Section 340 of the CrPC. He pointed out that the Gujarat Anti-Terrorist Squad (ATS) had violated this procedure by arresting Setalvad without a warrant and forcefully taking her to Ahmedabad, where she was subsequently remanded to police custody.
Regarding the specific charges invoked against Setalvad, Thakore argued that sections 467, 469, and 471 of the IPC would only be applicable if it were alleged that Setalvad had influenced Zakia Jafri to file the complaint in 2006. However, the complaint was filed by Jafri herself, not Setalvad. Thakore further alleged that these charges were invoked against his client solely to avoid the application of Section 195 of the CrPC, as Setalvad had only signed a single document—the petition submitted to the Supreme Court.
Thakore contended that for sections 194 and 211 of the IPC to apply, a complaint from the Supreme Court would be necessary, which was not the case. Thus, he argued that no prima facie case was made against Setalvad.
Additionally, Thakore referred to relevant provisions in the CrPC, specifically Sections 437 and 439, to assert why bail should be granted in this instance.
To support his plea for a humanitarian approach toward Setalvad's bail, Thakore cited the Supreme Court's ruling in Satender Kumar Antil vs Central Bureau Of Investigation (Miscellaneous Application No.1849 of 2021; decided on July 11, 2022). The court had highlighted the need for a humane approach in cases where the accused is a senior citizen and there is no danger of the accused tampering with evidence or influencing witnesses.
While Teesta Setalvad has presented her case seeking bail, the state is currently in the process of making its submissions. The court will carefully consider the arguments put forth by both parties before reaching a decision on her bail application. The outcome of this hearing will have significant implications for Setalvad and the ongoing legal proceedings.
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UDF leaders see local body poll trends as pointer to 2026 Assembly elections in Kerala
Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
