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SC extends bail to Teesta Setalvad, her husband

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New Delhi: The Supreme Court on Thursday extended interim bail granted to advocate-activist Teesta Setalvad and her husband Javed Anand, while referring to the larger bench the questions of personal liberty and custodial interrogation.

An apex court bench headed by Justice Dipak Misra referred to the larger bench the issue whether non-cooperation in an investigation would entitle Gujarat Police to press for custodial interrogation of Teesta Setalvad.

She has been accused of alleged misuse of funds collected by NGO Sabrang Trust for setting up a museum in Gulberg Society that witnessed carnage during 2002 Gujarat riots.

The apex court on February 19 restrained Gujarat Police from arresting the activist and her husband.

The apex court bench headed by Justice Misra said the larger bench will decide the issue of anticipatory bail in relation to personal liberty, rule of law, societal interest vis-a-vis the allegations of non-cooperation in the investigation.

(IANS)

HRD panel to probe funds 'misuse' by Teesta NGO

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New Delhi: The HRD Ministry has set up a committee to probe alleged misappropriation of funds received under the Sarva Siksha Abhiyan by an NGO run by activist Teesta Setalvad, who is facing heat along with her husband in a separate case of embezzlement.

The three-member committee is to be headed by Supreme Court lawyer Abhijit Bhattacharjee and comprise Gujarat Central University Vice Chancellor SA Bari and senior HR Ministry official Gaya Prasad as its members.

The panel will look into allegations against the NGO Sabrang Trust based on a complaint received by the ministry about “mis-utilisation” of funds by it, officials in the HRD Ministry said, confirming the setting up of the committee.

The two members of the committee, however, said they were yet to receive any communication in this regard.

Setalvad and her husband Javed Anand are also involved in the Gulbarg society embezzlement case.

Supreme Court recently directed Gujarat Police not to arrest the duo in the case while asking them to cooperate in the probe.

The case pertains to funds for a museum in Ahmedabad’s Gulbarg Society, which was devastated in the 2002 riots.

Meanwhile, sources in the ministry said that Setalvad could also be dropped from the Central Advisory Board of Education (CABE), which is being reconstituted after NDA government came to power.

CABE is the highest decision-making body on education in the country.

(PTI)

Diverse statements and a citzens online petition in defence of Teesta Setalvad & Javed Anand under threat of arrest

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People’s Alliance for Democracy and Secularism (PADS) expresses alarm at the Gujarat Police move to arrest Teesta Setalvad and Javed Anand

People’s Alliance for Secularism and Democracy (PADS)

Public Statement

Date: 12 February 2014

People’s Alliance for Democracy and Secularism (PADS) expresses alarm at the Gujarat Police move to arrest the two activists, Teesta Setalvad and Javed Anand in Mumbai. The arrest of Teesta Setalvad, who was denied bail by the Gujarat High court, has been stayed for 24 hours at the intervention of the Supreme Court.

Teesta Setalvad has been relentlessly championing the rights of the victims of the Gujarat pogroms of 2002. Her efforts resulted in the transfer of some of the riot related cases out of Gujarat and conviction of some bigwigs from the Gujarat government. The Government of Gujarat led by Anandiben Patel, the successor of the incumbent Prime Minister, is vindictive and has been after Teesta Setalvad and Javed Anand for their bold stand in defence of the riot victims. Its aim seems to be to discourage anyone from taking legal recourse against misdeeds of the Gujarat government during and after the 2002 pogrom. A case of embezzlement of funds collected by their NGOs has been filed against Teesta, Javed and three others. Defendants have submitted documentary evidence in court against prosecution allegations. It must be noted that while the Gujarat government appears hell bent on targeting Teesta and her associates for standing up for riot victims, it has been reinstating the police officials who are facing serious criminal charges in fake encounter cases.

The PADS demands that the Gujarat government stop harassing Ms. Teesta Setalvad and Mr Javed Anand – whose anticipatory bail applications have been rejected by the Gujarat High Court today.

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Text of statement on Gujarat High Court rejecting anticipatory bail of Teesta Setalvad & others by Prashant Centre for Human rights

Prashant A Centre for Human Rights, Justice and Peace
Post Box No. 4050, Navrangpura, Ahmedabad 380 009, Gujarat, India
Tel.: +91 (079) 66522333, 27455913 Fax: +91 (079) 27489018
Mobile: 9824034536. e-mail: sjprashant@gmail.com. www.humanrightsindia.in

STATEMENT ON THE GUJARAT HIGH COURT REJECTING
THE ANTICIPATORY BAIL APPLICATION OF MS TEESTA SETALVAD & OTHERS

It is extremely unfortunate that the anticipatory bail application filed by Ms. Teesta Setalvad, her husband Javed Anand and three others of Gulberg Society – Mr. Tanvir Jafri (son of slain MP Ehsan Jafri), Mr. Feroz Gulzar, Secretary and Mr. Salim Sandhi, Chairman of the Gulberg Society – has today been rejected by the Gujarat High Court.

All are aware that the charges are extremely flimsy and fabricated and are surely politically motivated.

In their response, Ms. Setalvad and the others provided the High Court with extensive, comprehensive and irrefutable evidence as to why they should be given anticipatory bail and the charges be dropped.

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Statement by All India Secular Forum on the move to arrest Teesta Setalvad and Javed Anand

All India Secular Forum stands with Teesta Setalvad and Javed Anand as they have struggled for justice for the victims of riots in Gujarat. Gujarat Police made several attempts and slapped several false cases on Teesta Setalvad to deter her from fighting for justice for the victims of Gujarat riots and have acted vindictively. The cases against them would not stand and justice will ultimately prevail. We demand that all false cases against Teesta Setalvad be immediately withdrawn and Gujarat police desist from taking coercive and vindictive action against them.

Adv. Irfan Engineer

Director,
Centre for Study of Society and Secularism
603, New Silver Star, Near Railway Bridge, Prabhat Colony Road,, Santacruz (E), Mumbai, India. PIN: 400055.
Call: +91-22-26149668 | M: +91-9869462833, +919820553173 | Fax: +91-22-6100712
e-mail: forirf@gmail.com; irfanengi@gmail.com; csss@mtnl.net.in
skype: irfanen

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Press Statement by CPI(M) – condemns the Gujarat Police move to arrest Teesta Setalvad and Javed Anand

via marxistindia
news from the cpi(m)

February 12, 2015

Press Statement

The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:

The Polit Bureau of the CPI(M) condemns the Gujarat Police move to arrest Teesta Setalvad and her husband, Javed Anand in Mumbai. The arrest of Teesta Setalvad has been stayed for 24 hours at the intervention of the Supreme Court.

The Gujarat Police have targeted Teesta Setalvad because of her relentless championing of the rights of the victims of the Gujarat pogroms of 2002. While the Gujarat government is pursuing the harassment of Teesta Setalvad, it has been reinstating police officials who are facing serious criminal charges.

The CPI(M) demands that the Gujarat government withdraw the concocted case against Teesta Setalvad and stop harassing her.

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[Sign Petition] Citizens in Solidarity with Teesta Setalvad and Javed Anand

We are shocked to learn of the rejection of the Anticipatory bail applications of Teesta Setalvad and Javed Anand by the Gujarat High Court. Media stories suggest that the bail applications have been turned down because Setalavad and Anand were “not cooperating with the investigations” and that prima facie “funds were used for private purpose”. It is a matter of record that they have submitted their original bank statements, balance sheets and audited accounts that completely disprove the allegations. Does this amount to non-cooperation or prima facie evidence of wrong-doing?

We stand with Teesta Setalvad and Javed Anand, and their quest for justice for the victims of 2002 violence, which has turned them into a target of Gujarat government’s ire. We condemn this witchhunt and the false and malicious propaganda being circulated against them.

Add your signatures at: http://www.indiaresists.com/sign-petition-citizens-in-solidarity-with-teesta-setalvad-and-javed-anand/

Teesta Setalvad is being framed by Gujarat govt; but where’s the outrage?

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Teesta Setalvad

by G Pramod Kumar, FP

The Gujarat Police’s overt enthusiasm to arrest Teesta Setalvad and her husband Javed Anand no sooner than the state high court rejected their plea for anticipatory bail in a curious “embezzlement” case didn’t raise any eyebrows, but justified the perception that the BJP government was on a hot pursuit of the activist.

The BJP leaders and their proxies found nothing extraordinary in the action of Gujarat Police, which landed up at the doorstep of Setalvad in Mumbai in no time, because, according to them, the police was at liberty to arrest the accused when the courts refuse anticipatory bail. Some would even say that the police was duty-bound to pursue the case.

But what was unsaid was the deviousness in the police’s insistence of custodial interrogation of the couple for alleged diversion of funds collected by her NGO to convert Gulbarg Society in Ahmedabad, where 69 people were killed in the 2002 riots, into a museum. The charge was that the couple had transferred Rs 14.2 lakhs from the NGO’s account to clear their credit card bills and had transferred large sums of money to their personal accounts. The police said that the expenses included payments for wine and groceries.

Setalvad had clarified that credit card expenses that the NGO paid for were not personal, but official such as travel. It’s not unusual for people to use personal credit card for official purposes and then get the official expenses reimbursed. But by conflating the personal (wine, groceries, books etc.) and official, the police tried to besmirch their reputation and make out a case. Similarly, additional money used from the account was for salaries and legal expenses.

The police case was based on a complaint by 12 members of the Gulbarg Housing Society, which curiously refused to take note of the submission by the secretary and chairman of the Society that the case was false. The latter had also informed the police that the complainants had misused office stationery.

That despite an official clarification from the Gulbarg Society, the police went ahead with the case looked clearly motivated. And now their overzealousness in seeking custodial interrogation of the couple nails their intent.

One cannot clearly miss the police targeting Setalvad, but what makes one more worried about their motive is their track record in foisting spurious cases against her. In 2012, the Supreme Court came down heavily on the state for initiating a probe for “illegal exhumation” of the 2002 riot victims. “This is a hundred percent spurious case to victimise the petitioner (Setalvad),” said the court. “This type of case does no credit to the state of Gujarat in any way,” it further said.

A year later, the police came up with the embezzlement case, despite the official representatives of the Gulbarg Society affirming that they had no complaint, and wanted to arrest Setalvad.

The police’s dogged pursuit brings us to the question of who Setalvad is. She is an exceptional character in India’s human rights campaigns – she is the principal reason for getting justice, although partial, to the victims of the 2002 communal riots in Gujarat. For the first time in India, 117 perpetrators of communal violence, including a minister in the then Modi state cabinet, had been convicted. Had it not been for her and other rights activists, the victims would been gagged to submission. She is also the biggest obstacle to Modi’s image management efforts.

Obviously, Setalvad is a marked person because she is refusing to give up, along with Zakia Jafri, the complainant in the Gulbarg Society massacre case, against the Gujarat state government and the then chief minister Narendra Modi although a Special Investigation Team had found no prosecutable evidence against him. Setalvad and her supporters, point to the dissenting notes by the Supreme Court appointed amicus curiae Raju Ramachandran, who had said that the evidence against Modi was significant.

Setalvad may be particularly unsparing of Modi, as some allege, but that doesn’t allow for continuous police harassment. The victimisation of Setalvad is too evident to ignore. And it hadn’t started yesterday. In 2005, she was accused of pressuring Zaheera Sheikh in the Best Bakery Case to given evidence against the government. The SC had later absolved Setalvad and sent Zaheera Sheikh to jail for a year. “This is a classic example of a case where evidence were tampered with and witnesses won over,” the court had then said.

This record of victimisation against Setalvad for the simple reason that she is standing up for her fellow citizens’ battle for justice is a warning to human rights activists and a reminder of the abominable misuse of power by the state.

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