Headlines
Teesta Setalvad, Anand get anticipatory bail in FCRA violation case
Mumbai, Aug 11
Ruling out any threats to
national security or public interest, the Bombay High Court on Tuesday
granted anticipatory bail to Teesta Setalvad and her husband Javed Anand
in a case pertaining to violations of the Foreign Contribution
Regulations Act.
Justice Mridula Bhatkar, while granting bail,
said their custodial interrogation was not required as the court did not
find any possibility of the accused fleeing from justice.
Observing
that prima facie the couple had violated the FCRA provisions, she
directed them to cooperate with the investigating agencies and refrain
from instigating any protests against the Central Bureau of
Investigation (CBI) or indulge in any criminal acts.
Justice
Bhatkar's ruling came in the anticipatory bail pleas filed by the duo
following a case registered by the CBI accusing their company of
receiving a foreign donation of Rs.1.80 crore without mandatory
sanctions from the central government.
"Prima facie, this court
holds there has been violation under FCRA. But where is the threat to
the security, sovereignty and integrity of the nation or public
interest," Justice Bhatkar said, asking the CBI to show this to the
court.
While granting anticipatory bail, the court directed that
if Setalvad-Anand are arrested, then they shall be released immediately
on a surety of Rs.20,000.
The judge said that any citizen may
carry out social activities which may have a different point of view
which the government may not like.
Opposing the anticipatory bail
plea by the couple, the CBI contended that the duo has committed an
offence which amounted to a threat to national security and public
interest, and hence their custodial interrogation was required.
Asked
whether the duo had complied with the court's earlier order of July 24
granting them interim relief from arrest and asking them to appear
before the CBI on four days for recording their statement, CBI counsel
Anil Singh replied that they came to the CBI office but were not
cooperating with the probe.
He said that they just came and gave
vague answers, did not reveal where the money has gone, are not
providing the trust's books of accounts, for which it needed their
custodial interrogation.
Senior counsel Aspi Chinoy representing
the couple pointed out that during its searches at their premises
(Setalvad and Anand), the CBI had seized all original documents
pertaining to the trust and the accounts.
He added that the
amount received from foreign parties was not a donation but fees in
return for services provided to it, for which tax was deducted at
source, and accordingly it could not be considered under FCRA.
On
July 8, the CBI had lodged a case against Setalvad and Anand alleging
that their NGO Sabrang Communication and Publishing Pvt. Ltd received a
foreign donation of $2.90 lakh violating FCRA provisions.