New Delhi: In a surprise development on social activist Teesta Setalvad's case, chief justice HL Dattu has transferred the anticipatory bail plea of Setalvad to a new bench of the court.
Although, none of the two judges who had stayed her arrest till Thursday have sought recusal in any form (oral or written) from the hearing however still, the case has been transferred to a new bench of two judges - Justices Dipak Misra and Adarsh Goel.
Earlier, till February 13, the petitions were heard by bench of justices S J Mukhopadhaya and N V Ramana.
According to a report published in Times of India, earlier Justices Mukhopadhyaya and NV Ramana had heard petitions by Setalvad and her husband, who were accused of allegedly misusing the donations meant for construction of a museum for riot victims of 2002 Gujarat riots.
Later, the judges stayed their arrest by Gujarat police until Thursday.
Reportedly, Setalvad's counsel Kapil Sibal had said, “If she is arrested and sent to jail, the voice of dissent against the might of a state will be lost. She is ready to face investigation. This is a fit case for grant of anticipatory bail. Please don't allow Gujarat Police to arrest her."
However, the bench unaffected by the poignant statements said that it will not get swayed by sentiments and stature of a person before them and it will treat this case like any other.
Apparently, it is the CJI who decides which case goes to which bench however; this is not done before receiving any written or oral requests for recusal from a particular judge which in this case was missing.
The change of bench in this case is welcomed by many as it is learnt that Narendra Modi was an invitee of and recently attended the weddings of children of Justices Mukhopadhyaya and Ramana who were hearing the case of Teesta till February 13.
Teesta has alleged in this case that she is being hounded by Gujarat police since she had played a leading role in exposing the role of Modi in Gujarat riots of 2002 and is seeking accountability for it.
