A bench headed by Chief Justice H L Dattu said Setalvad and her husband Javed Anand would be protected from the arrest till the matter is heard tomorrow.
Senior advocate Kapil Sibal orally mentioned about the imminent arrest of the couple, soon after Gujarat High Court rejected their anticipatory bail.
Sibal along with advocate Aparna Bhat mentioned the plea, when the bench, which also comprised justices A K Sikri and Arun Mishra, was hearing another case.
The bench said that the appeal against the High Court decision could be filed in the course of the day.
The couple rushed to the apex court within an hour of the High Court dismissing their plea for a stay on its order to allow them time to move the Supreme Court.
The High Court also observed that Setalvad was not cooperating in the probe and "they cannot be armoured with full fledged anticipatory bail when applicant did not cooperate with the investigation."
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