SC asks CBI, Gujarat why they need activist Teesta Setalvad, husband again in jail

By PTI

NEW DELHI: The Supreme Court on Wednesday questioned the CBI and the Gujarat authorities as to why they wish to ship social activist Teesta Setalvad and her husband Javed Anand again to jail after they’ve been out for over seven years on anticipatory bail.

A bench of Justices Sanjay Kishan Kaul, Abhay S Oka and BV Nagarathna mentioned, “Question is how long can you keep someone in custody. Seven years have passed since anticipatory bail was granted. You want to send her back to custody.”

Advocate Rajat Nair, showing for the CBI and the Gujarat authorities mentioned some further materials wanted to be positioned earlier than the courtroom with regard to the circumstances and, subsequently, 4 weeks time could also be given.

Senior advocate Kapil Sibal and advocate Aparna Bhat, showing for Setalvad and her husband Anand, mentioned in one of many proceedings during which the CBI has are available in enchantment, anticipatory bail was granted following which a cost sheet was filed and after that common bail was granted to her.

He mentioned since a daily bail was granted, the enchantment of the probe company in opposition to anticipatory bail doesn’t survive.

Nair mentioned this had occurred in a single case however there are a couple of case in opposition to her and requested the courtroom to grant him 4 weeks to put further materials on report.

“A bench of two judges has referred this matter to a larger bench and has framed questions which need to be decided by this court,” Nair mentioned.

The bench posted the matter for additional listening to after 4 weeks.

Sibal submitted a word to the bench pursuant to the sooner course giving particulars of points as to which of the appeals survive for consideration and what’s the subject material to be determined because the passage of time might have taken care of some elements.

The high courtroom was listening to a batch of pleas filed by Setalvad, Anand, the Gujarat police and the CBI arising out of three FIRs lodged in opposition to the couple.

On March 19, 2015, the highest courtroom had referred to a bigger bench the anticipatory bail plea of Setalvad and her husband within the case of alleged embezzlement of funds for a museum at Ahmedabad’s Gulbarg Society devastated within the 2002 riots and prolonged its interim order defending them in opposition to arrest.

It had mentioned the query that arises for consideration is whether or not liberty on the one hand and truthful and efficient investigation on the opposite make out a case for extending the profit below Section 438 CrPC (anticipatory bail).

In 2014, an FIR was registered in opposition to them with DCP, Crime Branch, Ahmedabad, on costs of dishonest, breach of belief and below the IT Act in a matter associated to the development of the “Museum of Resistance” within the Gulbarg housing society.

Teesta Setalvad and her husband, who had been trustees of two trusts- ‘Citizens for Justice and Peace’ (CJP) and ‘Sabrang Trust’- had been accused by Feroz Khan Saeed Khan Pathan of getting raised just a few crores of rupees as donations from sure donors from India and overseas after projecting to them the plight of the riot-affected folks of Gulbarg Society.

The high courtroom had famous in its order of March 19, 2015, that Pathan had alleged in his criticism that the couple entered right into a conspiracy and promised the residents of the housing society they are going to construct a museum in honour of the 2002 riot victims.

The courtroom had additionally famous that the couple had requested the residents to not promote their properties within the housing society.

Pathan alleged the couple neither constructed the museum as promised nor spent the quantity for the advantage of the members of the Gulbarg Society nor did they fulfil the peace of mind made to the victims concerning the sale of their properties.

In the second case, the CBI has moved the apex courtroom in opposition to the grant of anticipatory bail to Setalvad and her husband in a case the place they’ve been accused of misusing overseas funds.

The probe company has alleged that an organization floated by the couple-Sabrang Communication and Publishing Pvt Ltd (SCPPL)- had acquired Rs 1.8 crore from US-based Ford Foundation allegedly with out the obligatory approval of the Centre.

It has sought cancellation of their anticipatory bail claiming the Bombay excessive courtroom had erred in giving them the aid after prima facie discovering that provisions of the Foreign Contribution Regulation Act (FCRA) had been violated.

In the third case, the Ahmedabad police had moved the apex courtroom in opposition to the April 5, 2018 order of the Bombay High Court by which the couple was shielded from arrest in an FIR registered on March 31, 2018, for allegedly securing central authorities funds price Rs 1.4 crore “fraudulently” for her NGO Sabrang Trust between 2010 and 2013.

According to the Gujarat police, the funds had been obtained for a mission launched in some districts of Maharashtra and Gujarat to assist the victims of the 2002 post-Godhra riots however had been misappropriated or used for different functions.

The couple has denied all of the allegations made within the FIRs that are being probed by Gujarat police and the CBI.

NEW DELHI: The Supreme Court on Wednesday questioned the CBI and the Gujarat authorities as to why they wish to ship social activist Teesta Setalvad and her husband Javed Anand again to jail after they’ve been out for over seven years on anticipatory bail.

A bench of Justices Sanjay Kishan Kaul, Abhay S Oka and BV Nagarathna mentioned, “Question is how long can you keep someone in custody. Seven years have passed since anticipatory bail was granted. You want to send her back to custody.”

Advocate Rajat Nair, showing for the CBI and the Gujarat authorities mentioned some further materials wanted to be positioned earlier than the courtroom with regard to the circumstances and, subsequently, 4 weeks time could also be given.

Senior advocate Kapil Sibal and advocate Aparna Bhat, showing for Setalvad and her husband Anand, mentioned in one of many proceedings during which the CBI has are available in enchantment, anticipatory bail was granted following which a cost sheet was filed and after that common bail was granted to her.

He mentioned since a daily bail was granted, the enchantment of the probe company in opposition to anticipatory bail doesn’t survive.

Nair mentioned this had occurred in a single case however there are a couple of case in opposition to her and requested the courtroom to grant him 4 weeks to put further materials on report.

“A bench of two judges has referred this matter to a larger bench and has framed questions which need to be decided by this court,” Nair mentioned.

The bench posted the matter for additional listening to after 4 weeks.

Sibal submitted a word to the bench pursuant to the sooner course giving particulars of points as to which of the appeals survive for consideration and what’s the subject material to be determined because the passage of time might have taken care of some elements.

The high courtroom was listening to a batch of pleas filed by Setalvad, Anand, the Gujarat police and the CBI arising out of three FIRs lodged in opposition to the couple.

On March 19, 2015, the highest courtroom had referred to a bigger bench the anticipatory bail plea of Setalvad and her husband within the case of alleged embezzlement of funds for a museum at Ahmedabad’s Gulbarg Society devastated within the 2002 riots and prolonged its interim order defending them in opposition to arrest.

It had mentioned the query that arises for consideration is whether or not liberty on the one hand and truthful and efficient investigation on the opposite make out a case for extending the profit below Section 438 CrPC (anticipatory bail).

In 2014, an FIR was registered in opposition to them with DCP, Crime Branch, Ahmedabad, on costs of dishonest, breach of belief and below the IT Act in a matter associated to the development of the “Museum of Resistance” within the Gulbarg housing society.

Teesta Setalvad and her husband, who had been trustees of two trusts- ‘Citizens for Justice and Peace’ (CJP) and ‘Sabrang Trust’- had been accused by Feroz Khan Saeed Khan Pathan of getting raised just a few crores of rupees as donations from sure donors from India and overseas after projecting to them the plight of the riot-affected folks of Gulbarg Society.

The high courtroom had famous in its order of March 19, 2015, that Pathan had alleged in his criticism that the couple entered right into a conspiracy and promised the residents of the housing society they are going to construct a museum in honour of the 2002 riot victims.

The courtroom had additionally famous that the couple had requested the residents to not promote their properties within the housing society.

Pathan alleged the couple neither constructed the museum as promised nor spent the quantity for the advantage of the members of the Gulbarg Society nor did they fulfil the peace of mind made to the victims concerning the sale of their properties.

In the second case, the CBI has moved the apex courtroom in opposition to the grant of anticipatory bail to Setalvad and her husband in a case the place they’ve been accused of misusing overseas funds.

The probe company has alleged that an organization floated by the couple-Sabrang Communication and Publishing Pvt Ltd (SCPPL)- had acquired Rs 1.8 crore from US-based Ford Foundation allegedly with out the obligatory approval of the Centre.

It has sought cancellation of their anticipatory bail claiming the Bombay excessive courtroom had erred in giving them the aid after prima facie discovering that provisions of the Foreign Contribution Regulation Act (FCRA) had been violated.

In the third case, the Ahmedabad police had moved the apex courtroom in opposition to the April 5, 2018 order of the Bombay High Court by which the couple was shielded from arrest in an FIR registered on March 31, 2018, for allegedly securing central authorities funds price Rs 1.4 crore “fraudulently” for her NGO Sabrang Trust between 2010 and 2013.

According to the Gujarat police, the funds had been obtained for a mission launched in some districts of Maharashtra and Gujarat to assist the victims of the 2002 post-Godhra riots however had been misappropriated or used for different functions.

The couple has denied all of the allegations made within the FIRs that are being probed by Gujarat police and the CBI.