The Value of Freedom Incomparable: SC Stays Arrest of Setalvad and Anand

NEW DELHI: “The value of freedom cannot be compared to the stars in the sky” the Supreme Court observed while extending the stay on the arrest of activists Teesta Setalvad and Javed Anand.

The Gujarat government that had been insisting on the arrest of the two activists who have relentlessly fought for justice for the victims of the Gujarat 2002 violence, was told clearly by the apex court,"Who the petitioner is, that's absolutely irrelevant, the question is whether liberty can be put on ventilator or stay in intensive care unit.”

Putting the case in its proper perspective the two judge bench of the Supreme Court further added, "This isn't a case of any scam which needs custodial interrogation. This is a case of misuse of funds of NGOs."

The Gujarat police that had been hounding Setalvad and Anand claimed that their NGO had raised Rs. 9.75 crore between 2008 and 2012 and used Rs. 3.75 crore fof this or branded clothes, shoes, and foreign travel. The charge has been strongly refuted by the activists with facts and figures and documents.

The state government had sought police custody of the couple on the plea that they had not been cooperative and were trying to influence witnesses. The Court summarily rejected this argument and said that Setalvad would be asked to cooperate and submit all documents for the investigation. Her lawyers have maintained throughout that she and Anand had been cooperating fully with the Gujarat police, and had not withheld any information. This has been criticised outside the courts by eminent scholars, journalists, lawyers and others in petitions suggesting a politics of vendetta by the Gujarat government because of the strong position taken by Setalvad against then chief minister Narendra Modi.

A new bench of the Supreme Court is hearing Setalvad's petition for protection from arrest.. It has been a difficult time for her and Anand as their bail application was rejected by two other courts. In what was seen as intimidation the Gujarat police arrived at their Mumbai home last week but they got a last minute reprieve with the Supreme Court agreeing to hear their bail plea.

Conversely two police officers have recently walked free, with one of them PP Pandey accused in the Ishrat Jahan fake encounter case having been reinstated by the Gujarat government with full honours.