Mumbai/New Delhi, July 14
The CBI on Tuesday
searched four premises of social activist Teesta Setalvad and her
publishing firm in Mumbai in connection with a case of alleged violation
of FCRA norms and receiving foreign funds without government sanction.
Teams
of the Central Bureau of Investigation (CBI) searched the premises
belonging to Setalvad, her husband Javed Anand, Gulam Mohammed Peshimam
and the offices of her firm Sabrang Communications and Publishing Pvt.
Ltd. (SCPPL) in Mumbai.
On July 8, the CBI had registered a case
against them in New Delhi, invoking various sections of the Indian Penal
Code and Foreign Contribution Regulation Act (FCRA).
The CBI
alleged that they received foreign contribution of $290,000 from the
US-based Ford Foundation without registration and prior permission of
the union home ministry as stipulated by the FCRA.
Some time ago, the government directed the CBI to probe the funds transfer as it was violative of FCRA norms.
Anand, Setalvad and Mohammed are directors of SCPPL, based in Santa Cruz in Mumbai.
The
Gujarat government had also asked the union home department to initiate
action against Ford Foundation, accusing it of interfering in the
country's internal affairs and abetting communal disharmony through
Setalvad's organisation.
Reacting to the raids, Setalvad
expressed surprise over the CBI action, particularly since she has been
fully cooperating with the agency in the matter.
Statement from Teesta Setalvad, 8.30p.m, 14.07.2015:
As I write this, the search is still not concluded. It is shocking
that while over a dozen members of the
CBI are still in our premises conducting the search, the CBI's Delhi
spokesperson is misleading the public and our vast supporters
by a series of misinformations and official tweets.
In our view, and we repeat, no laws have been broken by us. This is a
continuation of the persecution and witchhunt first
launched by the Gujarat police in 2014 then under the dispensation
that rules Delhi. The CBI has taken the same documents that we had
voluntarily, on inspection, given the MHA (FCRA dept). Over 25,000
pages of documentary evidence has been given to the Gujarat Police.
When they could not succeed with the bizarre and desperate attempts to
gain custody (Fenruary 2015), it was the Gujarat Government's Home
Department that wrote to the MHA and the current round of the
persecutions began.
Its shameful political vendetta. The Zakia Jafri case begins its final
hearings on July 27 2015. The Naroda PAtoiya appeals (Kodnani and
Bajrangi) are being heard in the Gujarat High Court tomorrow. This is
nothing but a bid to subvert the cause of public justice and ensure
that no justice happens in these cases.
We had written to th CBI offering full cooperation. The so called
offences relate to documentary evidence. This search is nothing but an
attempt to intimidate and humiliate. India should be ashamed that when
scams like Vyapam are happening, over 50 persons dying, witnesses in
Asaram Bapu case are dying, the CBI is not appealing in critical cases
related to crimes by politicians The agency is being unleashed on
human rights defenders standing up for the rights of Survivors of Mass
Violence. It is worse than the British Raj. Pathetic
I repeat Sabrang Communications has broken no law(s). One: Section 3
of FCRA, 2010 bars certain 'persons' (political parties and its office
bearers, government servants and those associated with registered
newspapers and those involved in the production and broadcast of news)
from receiving foreign donations. However, the very next section,
Section 4 which is sutitled 'Persons to whom section 3 shall not
apply' states: "Nothing contained in section 3 shall apply to the
acceptance, by any person specified 3 in that section, of any foreign
contribution where such contribution is accepted by him, subject to
the provisions of section 10- (a) by way of salary, wages or other
remuneration due to him or to any group of persons working under him,
from any foreign source or by way of payment in the ordinary course of
business transacted in India by such foreign source;"
Sabrang Communications and Publishing Pvt. Ltd Co. which published the
monthly 'Communalism Combat' signed a Consultancy Agreement with Ford
Foundation in 2004 and 2006 "to address the issues of caste and
communalism" through a clearly defined set of activities which had
nothing whatsoever to do with Communalism Combat or remuneration to
Javed Anand or Teesta Setalvad towards discharging
editorial/managerial functions. The Consultancy was signed by Sabrang
Communications only after advice from eminent legal counsel that such
an agreement was covered under the exclusion stipulated under Section
4 of the Act and therefore the consultancy fees (not grant or
donation) received would not be in violation of FCRA 2010. Ford
Foundation in fact deducted TDS with every installment of consultancy
fees it paid to Sabrang Communications. The activities undertaken and
the expenses incurred were in accordance with the agreement.
Activities and Financial Reports were submitted annual to the
satisfaction of Ford Foundation.
Two, Sabrang has kept records and provided copies of the same to the
FCRA during the inspection visit of FCRA team in Mumbai on June 9 and
10, 2015, Additional documents as required were also posted to FCRA
department.
Three: Deliberately or otherwise, the FCRA team is confusing the well-
known lobbying that is part of the political process in the USA with
advocacy initiatives whereby NGOs, civil society activists engage with
the government of the day to draw their attention towards the
legitimate issues of women, children, dalits, religious or linguistic
or sexual minorities, differently-abled persons etc. It is ridiculous
to equate such advocacy initiatives with lobbying. Sabrang
Communications therefore denies all the allegations.
Four: While believing in the rule of law and due process, we believe
that the State has innumerable devices at its disposal to simply
throttle dissent, intimidate and through these crass techniques try to
ensure coercive compliance.
