The apex court said it was not inclined to interfere with the Bombay High Court order and also asked the Gujarat Government not to “sensationalise” the case.
“We are not inclined to interfere with the order of the Bombay High Court. However, we extend the interim protection from February 28 to March 31. The petitioners can file petition in Gujarat High Court for anticipatory bail which has to be heard independently without being influenced by the observation made by the Bombay High Court,” a bench comprising justices S J Mukhopadhaya and Kurian Joseph said.
The bench said it will be open for the Bombay High Court to go into the question of law that whether anticipatory bail can be entertained in the cases registered in different state.
At the outset, the bench told Setalvad's counsel Sanjay Parekh that it cannot interfere with the High Court order and was ready to extend the interim protection so that they can move the Gujarat High Court.
“You are fighting all other cases in Gujarat. If you can come to Delhi why can't you go to Gujarat,” the bench said adding that “in Gujarat also, you have the best of the judiciary”.
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