SC accepts Gujarat’s request to adjourn Teesta bail hearing but points out that she continues to remain ‘behind bars’

NEW DELHI

The Supreme Court on Thursday underscored that activist Teesta Setalvad is behind bars even as the Gujarat government maintained that she is in custody as per the law and there is nothing “special” about her case while seeking an adjournment to fine-tune its reply to her plea for bail.

“There is nothing special but the petitioner has been in custody,” Justice U.U. Lalit observed, initially asking the State to file its reply later in the morning so that the court could take up the case at 2 p.m.

But pressing for an adjournment till Monday, Solicitor General Tushar Mehta said Ms. Setalvad was in custody in “accordance with law”. He said the State’s reply was ready but he had not been happy with it.

Mr. Mehta said the offence was serious and the petitioner had not exhausted her other legal remedies.

"We are also testing it, whether incarceration is required or not," Justice Lalit replied.

Then, following a brief interaction with Justices S. Ravindra Bhat and Sudhanshu Dhulia on the Bench, Justice Lalit posted the case as the first item in its list of cases for Tuesday, August 30. The court said it was not possible to hear the case on Monday as the current combination of judges was not available.