Teesta Setalvad misappropriation case: Supreme Court makes protection from arrest absolute since no chargesheet filed

The Supreme Court on Wednesday made absolute its earlier order granting protection from arrest to activist Teesta Setalvad in connection with a case of misappropriating funds [Teesta Atul Setalvad v. State of Gujarat]..A Bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia and Prashant Kumar Mishra remarked that significant time had passed in the matter, and that no chargesheet had been filed.It also noted that nothing survived in the matter, given that she had been granted bail by courts in connected matters.Senior Advocate Kapil Sibal appeared for Setalvad. Additional Solicitor General SV Raju appeared for the Gujarat government..The Court was hearing Setalvad’s anticipatory bail plea in connection with a case of misappropriating funds collected for building a “Museum of Resistance” at the Gulbarg Housing Society in Ahmedabad, where over 60 persons were killed during the communal riots of 2002.The top court had, back in 2015, referred the matter to a larger bench even as there was no dissent among the two judges on the bench.The stay on her arrest has since continued as the matter is yet to be disposed of. The same was made permanent in today's order..The civil rights activist and her husband Javed Anand had approached the Supreme Court after the Gujarat High Court had denied their pre-arrest bail applications in the case.The Supreme Court, in its 2015 judgment, set out the following question for consideration:“Whether liberty on the one hand and fair and effective investigation on the other, make out a case for extending the benefit under Section 438 CrPC [anticipatory bail]?”.2002 Godhra Riots Case: Gujarat High Court refuses urgent hearing to Teesta Setalvad in quashing plea