The Supreme Court of India Friday granted interim bail to human rights activist Teesta Setalvad. Chief Justice U.U. Lalit, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia observed that, while the High Court must decide whether Setalvad is ultimately released on bail, the Supreme Court is free to decide “whether the custody of the appellant must be insisted upon during the consideration of matter.”

Setalvad is accused of fabricating documents related to the anti-Muslim 2002 Gujarat riots, but human rights groups have questioned the charges against her. Amnesty International India called Setalvad’s arrest a “direct reprisal against those who dare to question” Indian authorities’ human rights record. Setalvad was arrested on June 25 on charges of forgery, using a forged document as genuine, fabricating false evidence, false charge of offence made with intent to injure, preparing an incorrect record as a public servant and criminal conspiracy under the Indian Penal Code. Setalvad then filed a bail application before the Supreme Court.

Setalvad’s lawyer Kapil Sibal contended that the factual circumstances mentioned in the first information report (FIR) by police are nothing but a repetition of proceedings the Supreme Court already ruled are unsubstantial. Tushar Mehta, appearing for the Gujarat state, contended that the application for bail is pending consideration before the Gujarat High Court, and the “case must be allowed to be considered by the High Court.”