New Delhi, February 13: In a sudden development in the case of alleged embezzlement of funds for Gujarat riot victims by infamous activist Teesta Setalvad, the Supreme Court on Friday granted a relief till 19 February. Setalvad received a last-minute court reprieve on Thursday even as the Gujarat police landed at her doorstep. The activist has termed her probable arrest, a polotical Vendetta, but the facts analysed by Gujarat HC tell a differebt story so far.
The Supreme Court on Thursday stayed for a day the arrest of activist Teesta Setalvad and her husband, Javed Anand, after the Gujarat high court rejected their anticipatory bail plea in a case of alleged embezzlement of funds for Gujarat riot victims. A joint police team of Gujarat and Maharashtra returned from the doorstep of Setalvad’s Mumbai home after the activist rushed to the apex court in the Capital minutes after the high court decision.
Why Teesta’s is a clear case of embezzlement of funds
The investigation done by Gujarat police alleges that Teesta Setalvad, her husband Javed Anand and others have misappropriated around Rs 1.5 crore fund collected through their NGOs for setting up a museum at Ahmadabad’s Gulbarg Society in the name of Muslim victims of 2002 Gujarat riots.
Teesta Setalvad, who is now portraying herself as a victim of vendetta with the legal aid from Congress leader has been charge sheeted for payment from the account of her NGO Citizen for Peace and Justice, of hundreds of US Dollars/Pound Sterling/Canadian Dollar towards Scholastic Aptitude Test, college board entrance in US college, Oxford college and University of British Columbia for admission etc.
The affidavit further states that “from the scrutiny of credit card payments the most shocking revelation came from the payment made by accused no. 1 from the CJP’s account towards wine and liquor purchases from Chincholi wines Mumbai and Duty Free Shop of Mumbai airport, movie tickets from PVR cinemas and regular grocery purchases from Willingdon stores Mumbai. Shopping expenses in Kuwait Dinar, US Dollars, Canadian Dollars, Euro, Pound Sterling and Pakistani Rupee have been noticed in the credit card expenses.”
The Police have submitted shocking summary of total funds received by CJP and Sabrang Trust vis-à-vis amount transferred by them to their personal family accounts.
Notably, the former union minister and senior advocate Kapil Sibal appeared before the SC on behalf of the Setalvad couple. Sibal, in a desperate attempt to shield Setalvad told a bench headed by Chief Justice of India HL Dattu that the Gujarat police was “hell-bent” on arresting them. He asked the court to hear the matter urgently, terming it an “extraordinary situation”.
Page 52 of the order of HC of Gujarat dated 12.02.2015 states: "I am not impressed by the submissions of Mr.Thakorethat the applicants deserve to be released on anticipatory bailbecause they have levelled serious allegations of malafidesagainst the State Government. The malafides must bespecifically alleged and required to be proved by theapplicants. By merely hurling allegations of malafides, theaccused who is otherwise prima facie involved in a crime is notautomatically entitled to anticipatory bail. The extraordinarypower conferred upon the Courts of Justice under Section 438of the Code of Criminal Procedure needs to be exercised veryguardedly and with a little care and circumspection." Page 54 of the order of HC of Gujarat dated 12.02.2015 states: The above is suggestive of the fact that there is nocooperation at all. At any cost, the applicants want to evadethe interrogation and are not ready and willing to disclose thetrue facts. If such are the answers given by the applicants tothe questions put by the Investigating Officer at a stage whenthey are under the umbrella of an oral interim protection, Iwonder what would be the position when they appear beforethe Investigating Officer armed with a full-fledged anticipatorybail order. |
Responding to that, the bench said the couple would be protected from arrest till the matter was heard on Friday. It also allowed them to file their appeal against the HC order.
The complaint against Teesta Setalvad, the recipient of Rajiv Gandhi Sadbhavana Award in 2002 from Congress president Sonia Gandhi, was was filed by a riot victims from Gulbarg Society after the proposed museum failed to establish the same. Moreover the details of the FCRA accounts of her NGOs accounts revealed that the activist has actually used the fund collected from Muslims for luxuries of her family.
In a scathing indictment, the high court said the activist was not cooperating with the investigation and her custodial interrogation would be “in public interest” and “in the interest of justice”.
Copy of HC Order Rejecting Teesta and Her Hubby Anticipatory Bail Applica...