Supreme Court last month gave the couple anticipatory bail in a separate case of alleged misappropriation of funds raised for a museum at the site of the Gulberg Society massacre during the 2002 Gujarat riots. The Supreme Court on Thursday extended protection to activist Teesta Setalvad and her husband Javed Anand from arrest by Gujarat police in a case of alleged fraud relating to funds received by two trusts of which they are the main office-bearers.The two-judge bench led by Justice Dipak Misra referred the matter to a larger bench to consider and rule upon issues relating to balancing the rights of accused and the investigating agency in cases where liberty of individuals is pitted against free and fair probe.
It said a harmonious construction between regulated freedom and non-cooperation of accused in the investigation was required and that the larger bench should examine this subject. The bench extended the February 19 order of interim stay on the couple’s arrest. While granting the relief, the bench had then expressed an inclination to grant them bail, observing that “liberty is paramount and cannot be put on a ventilator” when custodial interrogation is not imperative.The case involves funds received by Sabrang Trust and Citizens for Justice and Peace (CJP) for building a memorial at the Gulbarg Co-operative Housing Society (GCHS) in Ahmedabad for victims of the 2002 riots in Gujarat.
