Headlines
Gujarat moves SC against Setalvad, husband's interim bail
New Delhi, July 22
The Gujarat government on
Wednesday moved the Supreme Court seeking cancellation of interim bail
to social activists Teesta Setalvad and her husband Javed Anand.
The
government's latest move against the couple came for alleged
non-cooperation with police in the investigation of alleged misuse of
funds collected by NGO Sabrang Trust to set up a museum at Gulbarga
Society.
On February 19, the apex court restrained Gujarat Police
from arresting activist Setalvad and her husband in connection with the
alleged misuse of Sabrang Trust funds.
The restrain order was
extended on March 19 when the apex court referred to a larger bench the
question if the personal liberty and requirement of effective
investigation, including custodial interrogation, leave scope for an
anticipatory bail.
Seeking cancellation of the interim bail
granted to Setalvad and Anand, the Gujarat government has contended that
Setalvad and Anand needed to be subjected to custodial interrogation as
their responses to queries by the state police were "stock and
evasive".
The affidavit, filed by Gujarat cyber crime cell's
Assistant Commissioner of Police K.N.Patel, says there are several areas
where investigation into the alleged misuse of funds collected in the
name of riot victims and to set up a museum needs to be carried out.
Seeking
rejection of the couple's anticipatory bail application, Gujarat Police
said "investigating agency be permitted the discretion to arrest them
and take them into custody for interrogation so that full extent of
petitioner's crimes against charity could be unearthed and a
comprehensive chargesheet filed."
Gujarat Police have alleged
that their investigation points to "perpetration of colossal fraud" by
Setalvad and her husband Anand "aided and abetted" by others to collect
funds to the tune of Rs.6 to 7 crore in the "name of riot victims by a
massive fund collection drive from 2007-2014 through advertisements in
the magazine" owned by them and also through the "conduct of musical and
artistic events".
Police have contended that Setalvad and Anand
are yet to furnish the complete list of donors and bank accounts of the
Sabrang Trust and Citizens for Justice and Peace.
They say
Setalvad and Anand allegedly adopted "diverse means both audaciously and
by blatant and subtle camouflage dishonestly appropriated and/or
converted to their own use, funds meant for riot victims and other
charitable purposes".
They contended that "a very miniscule
amount was disbursed directly to the victims on whose name petitioners
(Setalvad and Javed Anand) were collecting the funds".
Contending
that "excessive and unreasonably high payments" were made to Setalvad
and Anand, the Gujarat Police have told the apex court "in addition to
disproportionately high administration expenses significant sums were
spent on the air travel".
Alleging that funds spent on Setalvad
and Anand, which were of "purely personal nature" were shown to have
been spent towards the objective of the trusts, police said that
payments were made to Sabrang Communication Pvt. Ltd. on the pretext of
administrative expenses.
Setalvad has been accused of misuse of
funds collected by Sabrang Trust for setting up a museum in Gulberg
Society that witnessed carnage during 2002 Gujarat riots.
Ferozkhan
Saeedkhan Pathan filed a complaint with Gujarat Police alleging that
Sabrang Trust and Citizens for Justice and Peace, managed by trustees
Setalvad and her husband, collected funds to set up a museum at Gulberg
Society.
They allegedly asked the residents not to sell their
property in the society with the assurance that the trustees would
arrange funds for the same, the complaint added.
Pathan alleged
that Sabrang Trust and Citizens for Justice and Peace neither built the
museum as promised nor spent the amount for Gulberg Society members'
benefit. Also, they did not fulfil the assurance given to the victims as
regards the sale of their properties, but expended funds on themselves.
Following
the complaint the offences were registered under Sections 420
(cheating), 406 (criminal breach of trust), 468 (forgery for purpose of
cheating), 120B (conspiracy) of the Indian Penal Code and Section 72(A)
of the Information and Technology Act, 2000, providing for penalty for
breach of confidentiality and privacy.