Pre-arrest bail for Setalvad and husband; SC asks them to cooperate with Gujarat Police

The bench, also comprising Justice Sudhanshu Dhulia and Justice P K Mishra, was hearing their plea challenging the 2015 Gujarat High Court order denying them anticipatory bail in the case.

The couple had also sought expunction of certain comments by the HC in its February 2019 order while granting her anticipatory bail. Disposing the plea, the SC said, “It is trite to say that any observation made at the stage of bail will hardly have any influence on the trial. We are not required to say anything more than that.”

The bench noted that no chargesheet has been filed in the case yet.

On this, Additional Solicitor General (ASG) S V Raju – appearing for the CBI – said the delay was because Setalvad and Anand were not cooperating.

Asking them to cooperate, the bench said in its order, “The special leave petitions were filed challenging the grant of bail on certain terms and conditions. A considerable passage of time has already elapsed. On our query, we are informed that even the chargesheet has not been filed. Learned ASG submits that there is an element of lack of cooperation on part of respondent and that is why the chargesheet has not been filed. Be that as it may, all that we would like to say at this stage is, respondents will cooperate will investigation as and when they are required to.”

The couple is accused of misappropriating funds raised for building a museum at the Gulbarg Society in Ahmedabad in honour of its residents, who were killed in the communal clashes that followed the Godhra train burning.

Fifty-nine people were burnt to death when the S6 coach of the Sabarmati Express was set on fire by a mob.