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Khoj Case: Guj HC grants Teesta Setalvad and Javed Anand Anticipatory Bail

Fri, 08 Feb 2019 13:06:53 +0000

In a huge victory for journalist, educationist and human rights activist Teesta Setalvad, the Gujarat High Court granted her anticipatory bail in connection with a case of alleged misappropriation of funds obtained by her education NGO Khoj from the Ministry of Human Resources Development under the Sarva Shiksha Abhiyan. The court also granted bail to her partner, journalist and human rights activist Javed Anand.

A brief history of the case

The Khoj case, like a few more before it, was filed by Rais Khan, a disgruntled former employee of their NGO Citizens for Justice and Peace in 2018. Khan made a series of baseless allegations in his FIR suggesting Setalvad and Anand got funds for their education NGO Khoj under the Sarva Shiksha Abhiyan, but the funds so obtained were utilised for personal purposes.

The complaint also states the fund were used for creating and distributing printed materials that could cause communal disharmony. Khan first tried to get CBI, then MHRD to lodge this complaint. When that did not work, his allies in the crime branch came to his aid.

Both Setalvad and Anand have cooperated fully with investigations ever since the allegations were first made in March 2018. But the state kept pushing for custody in a bid to imprison and even possibly torture the activist.

On April 5, Justice Revati Mohite Dere of the Bombay High Court granted interim transit bail till May 2, 2018 to Teesta Setalvad and Javed Anand. As per the orders of the Hon’ble Court, Teesta Setalvad and Javed Anand appeared before the Ahmedabad Crime Branch at 10 a.m on April 6. Both gave their statements in response to all the questions put to them until after 5 p.m. They also submitted all necessary documentary evidence to aid investigations.

On May 24, 2018 the Ahmedabad Sessions Court has turned down the Anticipatory Bail Application (ABA) of CJP Secretary and acclaimed Human Rights Defender Teesta Setalvad and her partner Javed Anand. However, an undeterred Setalvad refused to be cowed down by the pressure tactics employed by a vicious and vindictive state and challenged the order in the Gujarat High Court.

The court heard the matter and reserved judgement on August 24, 2018 and finally delivered the judgement on February 8, 2019, after deliberating for close to 6 months.

Setalvad and Anand have been targeted frequently
Setalvad and Anand have been battling a series of false cases and of which the Khoj NGO case was the latest. Clearly the path-breaking work by CJP, spearheaded by its Secretary, Setalvad that has ensured the conviction of close to 170 persons — over 120 of which to life imprisonment– is the single most significant reason for her being singled out by a vindictive regime.

The continued historical legal battle in the form of the Zakia Jafri case too, is a serious thorn in the flesh for the powers that be. Curtailing Setalvad and Anand’s personal freedoms and threatening incarceration is clearly the preferred way of this regime.

So far, Teesta Setalvad, a human rights defender with three decades of courageous work behind her, has had to seek anticipatory bail in false criminal cases eight times even before the Khoj case. Anand too, has now been falsely implicated three times.

Who is Rais Khan

A Supreme Court appointed Registrar General report completely exonerated Setalvad and CJP of baseless charges and found Zahira guilty of inducement by influential politicians. She was sentenced to one year simple imprisonment in 2006. Allegations against Setalvad have ranged from kidnapping to perjury now financial embezzlement.

In two judgments, in the Sardarpura matter and the Naroda Patiya matter, the judgments have passed remarks against Khan labelling his conduct as interference in the administration of justice.

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ABA denied, Teesta Setalvad vows to continue pursuit of justice

Thu, 24 May 2018 04:45:45 +0000

Being targeted in false case involving education NGO KHOJ

The Ahmedabad Sessions Court has turned down the Anticipatory Bail Application (ABA) of CJP Secretary and acclaimed Human Rights Defender Teesta Setalvad and her partner Javed Anand. However, an undeterred Setalvad refuses to be cowed down by the pressure tactics employed by a vicious and vindictive state and is challenging the order in the Gujarat High Court.

The matter pertains to a false case against Setalvad where it is alleged that she used fraudulent means to obtain funds for the education NGO KHOJ under the Sarva Shiksha Abhiyan and then misappropriated them. You can read here our official statement where we have clarified each point and explained how the allegations are baseless.

But what is perhaps most absurd is how the Gujarat Police moved to cancel the bail plea stating Setalvad might tamper with evidence. The KHOJ project began in 2010 and got over well before Jan 2014 when the bank accounts were frozen due to another fake case based on false allegations. The only evidence of alleged embezzlement is in the bank accounts. If the accounts in question are frozen, how exactly can Setalvad tamper with evidence? This is just a ploy to get police custody. Normally custodial interrogation is not required in cases such as this. Therefore, there is a very real possibility of misuse of this custody to use coercive tactics like torture and intimidation.

Setalvad and Anand, both office bearers of CJP, have been targeted multiple times since 2014. Setalvad has had to seek anticipatory bail to avoid custodial torture nine times! This has not stopped them from pursuing a passionate and rigorous human rights agenda. CJP will continue to provide legal aid to the survivors of the Gujarat 2002 genocide. In fact, CJP is also working with Adivasis and Forest workers in Sonbhadra and Orissa to get false cases against them quashed.

Setalvad’s work as a journalist, academic and an educationist continues. Anand apart from being part of CJP is also founding member of Indian Muslims for Secular Democracy. Both remain committed to the idea of a more equal, inclusive and peaceful India.

A brief background of the case

The KHOJ case was filed by Rais Khan, a former disgruntled employee and stooge of a vindictive state. He has been used multiple times to file such fake cases in the past. He has gone forum shopping and filed over a dozen different cases against Setalvad and her team over the years for which he has also been rewarded handsomely by way of being nominated to the Central Waqf Council. Lawyers who have appeared for Khan include those who are on the rolls of the Gujarat state and government. In this case, too, Khan first tried to goad the CBI and MHRD into launching this witch hunt but when that did not work, went to his preferred forum, the Crime Branch Ahmedabad.

Bombay HC grants Transit Bail, We cooperate with Investigations

Both responded to the best of their knowledge to the questions put to them by a team of investigating officers led by ACP CN Rajput. Besides the oral statements they also handed over to the IO many documents which they had carried with them to Ahmedabad. Thereafter a second notice to appear before the IO was served on Javed Anand which he complied with. Anand appeared before the IO, again, a second time on May 11. Thereafter, some further documents requested by the investigation officer were delivered to the Crime Branch office.

SC provides protection as State moves to prevent Foreign Travel

A vindictive state then attempted to prevent Teesta Setalvad from travelling abroad when she was invited to travel to Canada and the United States. This is because the perpetrators were afraid that she would lay threadbare the dismal human rights record of the present regime before the international community! The state moved to have her grounded. Luckily the Supreme Court gave Setalvad protection from arrest and further harassment during the period of her travel. The protection was granted till May 31, 2018. Setalvad and Anand then applied for anticipatory bail in the Ahmedabad Sessions Court. The judge reserved judgment till May 23.

CJP Targeted
Teesta Setalvad targeted yet AGAIN!
Deliberately drawn into malicious and fabricated cases

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Teesta Setalvad hits back at malicious allegations, responds with documentary evidence

Sat, 07 Apr 2018 09:49:21 +0000

Press Release: Setalvad and Anand make statement before Ahmedabad Crime Branch

On April 5, Justice Revati Mohite Dere of the Bombay High Court granted interim transit bail till May 2, 2018 to Teesta Setalvad and Javed Anand. As per the orders of the Hon’ble Court, Teesta Setalvad and Javed Anand appeared before the Ahmedabad Crime Branch at 10 a.m. on April 6. Both gave their statements in response to all the questions put to them until after 5 p.m.

Both responded to the best of their knowledge to the questions put to them by a team of investigating officers led by ACP CN Rajput. Besides the oral statements they also handed over to the IO many documents which they had carried with them to Ahmedabad. The IO asked for certain other documents which will be provided within the next 15 days. A list of the documents submitted and to be submitted can be viewed here:

Among the documents submitted were four (4) ‘Utilisation Certificates’ issued by the auditors of Sabrang Trust. The Utilisation Certificates were a financial report detailing the amounts received in three (3) installments received by Sabrang Trust from the HRD Ministry during the grant period.The amounts received were: (i) Rs. 58,72,500 (ii) Rs. 26,66,750 and (iii) Rs. 54,20,848. A detailed ‘Activities Report’ accompanied by a Utilisation Certificate detailing all the payments made out of the grant received was submitted each time before the next installment was released by the ministry. As reflected in the last and fourth Utilisation Certificate, an amount of Rs. 5,91,871 remained un-utilised at the end of the Project Period. The same was duly returned to the Ministry.

As detailed in the Schedules to the Receipts & Payments, expenses were incurred under 7 budget heads as per the original Project Proposal (KHOJ programme for schools in Maharashtra ) approved by the Grants-in-Aid Committee (GIAC) appointed by the ministry’s Department of School Education and Literacy for grants under “Innovative and Experimental Education Programme”.

The budget heads: (1) Project Staff Costs (2) Development/Distribution of Learning Materials (3) Training of Nw Staff (4) Children’s Libraries (5) Meetings/Seminars/Workshops (6) Infrastructure Expenses (7) Administration Expenses.

Under Project Staff costs, as Project Director, Teesta Setalvad received an Honorarium between Rs. 20,000 p.m. in year one and Rs. 21,600 p.m. in the last year of the KHOJ project for schools in Mumbai and Maharashtra. Under Administration Expenses, as Project Administrator, Javed Anand received an Honorarium between Rs. 20,000 p.m. in year one and Rs. 21,600 p.m. in the last year of the KHOJ project.

Neither Teesta Setalvad nor Javed Anand received even a rupee for discharging their duties as Trustee of Sabrang Trust.

A Brief Background of how Rais Khan has been harassing Setalvad and Anand

Rais Khan, a disgruntled ex-employee of Citizens for Justice and Peace (CJP), has filed an FIR against Setalvad alleging that Setalvad and her husband Javed Anand used fraudulent means to get funds to the tune of Rs 1.4 crores from the Ministry of Human Resource Development under the UPA Government.

Khan has, since 2010, thirty two months after he was discontinued from services of field coordinator of CJP, a renumerative post where rental accommodation was also provided, literally been forum shopping and at the root of several malicious and false cases against first Setalvad alone, then both Anand and Setalvad. Setalvad was first targeted in 2004 through wings of the Gujarat state who induced star witness, Zahira Shaikh. A Supreme Court appointed Registrar General report completely exonerated Setalvad and CJP of baseless charges and found Zahira guilty of inducement by influential politicians. She was sentenced to one year simple imprisonment in 2006. Allegations against Setalvad have ranged from kidnapping to perjury now financial embezzlement.

Clearly, today Khan who enjoys the patronage of the regime in Delhi having been appointed to the Central Wakf Board also has senior counsel closely associated with the ruling party appearing for him. Since September 2010 his forum shopping has meant him approaching five trial courts specially hearing the Gujarat 2002 cases, the Nanavaty Shah Commission, the SIT and now the Crime Branch of the Gujarat police. In two judgments, in the Sardarpura matter and the Naroda Patiya matter, the judgments have passed remarks against Khan labelling his conduct as interference in the administration of justice.

Clearly the path-breaking work by CJP, spearheaded by its Secretary, Setalvad that has ensured the conviction of 172 persons — 124 of which to life imprisonment– is the single most significant reason for her being singled out by a vindictive regime. The continued historical legal battle in the form of the Zakia Jafri case too, is a serious thorn in the flesh for the powers that be.

Khan has now, in a new FIR, made a series of baseless allegations suggesting Setalvad and Anand got this funds for their education NGO KHOJ under the Sarva Shiksha Abhiyan, but the funds so obtained were utilised for personal purposes. The complaint also states the fund were used for creating and distributing printed materials that could cause communal disharmony. Khan first tried to get CBI, then MHRD to lodge this complaint. When that did not work, his allies in the crime branch have come to his aid.

So far, Teesta Setalvad, a human rights defenders with three decades of courageous work behind her, has had to seek anticipatory bail in false criminal cases eight times already. Curtailing her personal freedoms and threatened incarceration is clearly the preferred way of this regime. Anand too, has now been falsely implicated three times.

CJP’s Official Statement on the harassment may be read here

CJP Targeted
Teesta Setalvad targeted yet AGAIN!

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