Teesta Setalvad, husband get anticipatory bail
TNN | Feb 9, 2019, 04:35 IST
Picture for representational purpose only.AHMEDABAD: The Gujarat high court on Friday granted anticipatory bail to social activist Teesta Setalvad and her husband, Javed Anand, in connection with the alleged Rs 1.4-crore embezzlement case.
While granting pre-arrest bail on furnishing a Rs 1 lakh personal bond, Justice J B Pardiwala observed, “There is prima facie material as reflected from the papers of the investigation to indicate that the applicants obtained the grant by practising fraud.”
The HC took a serious view of Setalvad’s alleged uncooperative conduct and said that any lapse in appearing before the investigators would result in cancellation of their bail. “At any point of time if the investigating officer finds that the applicants are not cooperating with the investigation or are evading answers to specific questions, then it shall be open for the state to move the concerned court taking up cancellation of bail matters for cancellation of anticipatory bail,” the HC said.
The court further said, “Merely forwarding the documents through a messenger or chartered accountant is not going to be sufficient in the facts and circumstances of the case.” The accused have been directed to appear before police on February 15.
The court was critical of submissions by Setalvad’s advocate, that she is a renowned journalist and winner of prestigious awards for social service. The court also refused to buy the argument that the complainant in the case, Setalvad’s former aide, Raiskhan Pathan, is a disgruntled person. “…in fact, it is this so called disgruntled person who knows the ins and outs of the applicants so far as the administration and affairs of the trust is concerned. He would be in a better position to inform about the administration of the trust to the police,” the court observed.
Gujarat police registered an FIR against Setalvad and her husband on March 30 last year, upon Pathan’s complaint, that their NGO got grants for a “Khoj Project” under the Sarva Shiksha Abhiyan, though it was not eligible. After obtaining the funds, the duo allegedly transferred it to their private accounts and used the money to pay witnesses of the 2002 riots cases to make false affidavits.
While granting pre-arrest bail on furnishing a Rs 1 lakh personal bond, Justice J B Pardiwala observed, “There is prima facie material as reflected from the papers of the investigation to indicate that the applicants obtained the grant by practising fraud.”
The HC took a serious view of Setalvad’s alleged uncooperative conduct and said that any lapse in appearing before the investigators would result in cancellation of their bail. “At any point of time if the investigating officer finds that the applicants are not cooperating with the investigation or are evading answers to specific questions, then it shall be open for the state to move the concerned court taking up cancellation of bail matters for cancellation of anticipatory bail,” the HC said.
The court further said, “Merely forwarding the documents through a messenger or chartered accountant is not going to be sufficient in the facts and circumstances of the case.” The accused have been directed to appear before police on February 15.
The court was critical of submissions by Setalvad’s advocate, that she is a renowned journalist and winner of prestigious awards for social service. The court also refused to buy the argument that the complainant in the case, Setalvad’s former aide, Raiskhan Pathan, is a disgruntled person. “…in fact, it is this so called disgruntled person who knows the ins and outs of the applicants so far as the administration and affairs of the trust is concerned. He would be in a better position to inform about the administration of the trust to the police,” the court observed.
Gujarat police registered an FIR against Setalvad and her husband on March 30 last year, upon Pathan’s complaint, that their NGO got grants for a “Khoj Project” under the Sarva Shiksha Abhiyan, though it was not eligible. After obtaining the funds, the duo allegedly transferred it to their private accounts and used the money to pay witnesses of the 2002 riots cases to make false affidavits.
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