Court reserves order on Teesta’s bail, no arrest before 2 August

A local sessions court in Ahmedabad today reserved its decision on controversial NGO operator Teesta (Javed) Setalvad’s anticipatory bail plea.

Additional Sessions Judge S.B. Gajare however directed the police not to arrest Teesta before 2 August, a date on which further hearing will take place in this case.

On Wednesday the court was told that the Ahmedabad police had collected enough evidence against Teesta Setalvad and had also investigated the source of financial support to her NGO Citizens for Justice and Peace. The public prosecurot, Sudhir Brahmbhatt told the court that the NGO had been receiving funds from several foreign agencies and had supporters who are non-Indians. He also said that the state police had gathered much information regarding the financial transactions of CJP and were now verifying the source of funding for the NGO.

The affidavit filed reads, “It is suspected that she may obtain money from abroad and buy out the witnesses. If she is granted anticipatory bail, the link-chain will not be completed in these serious cases.”

Some of the witnesses have denied the details in the affidavits in court.

Madina Bibi, a victim and witness, objected to the account of rape in the affidavit. Last year in August, she told the sessions court that she was not raped when her Naroda Gam house was set on fire. The other five witnesses seconded her. This “fabrication” was in the affidavit was done by Teesta Setalvad and her man, Rais Khan Pathan, some of the witnesses told the court.

Advocate Yatin Oza, representing accused Ashok Patel in Naroda case, opposed the anticipatory bail application by Teesta that was filed on Monday. He argued that the “false affidavits she had filed had led to the arrest of 150 people which has serious implications for many people jailed in connection with the case”. Therefore, he said, custodial interrogation of Setalvad was necessary to find out if she had got money from any anti-national elements abroad to create communal disturbance in Ahmedabad.

Oza argued that Teesta’s NGO might have been funded by foreign sources whose main objective was to divide the country on communal lines. He further submitted that there were foreign forces trying to disturb communal peace in India. In such circumstances, the police are required to investigate the matter in depth.

Teesta who is facing serious charge of making false affidavits had filed an anticipatory bail application in a local court in connection with the criminal case against her former aide, Rais Khan, for fabrication of evidence.

Mr. Khan has alleged that the false affidavits, for which he is facing the case, were filed at her behest.

The Gujarat High Court early this month gave a go-ahead to the probe against Mr. Khan for fabricating evidence, rejecting his plea seeking quashing of FIR.

In December 2010, Justice S.H. Vohra who was hearing 2002 Naroda Gam riot case (11 persons were killed in the incident), ordered that an FIR be lodged against Mr. Khan “and his associates”, for allegedly manipulating some affidavits filed before the court.

Mr. Khan’s contention has been that he helped the witnesses prepare affidavits at the behest of Ms. Setalvad who heads the NGO Centre for Justice and Peace (CJP). Post-riots, Mr. Khan was working with her till January 2008.

In his application before the Naroda Gam court, Mr. Khan had said that he was merely an employee of the NGO, and his job was to take instructions from Ms. Setalvad, to contact riot victims or witnesses, and persuade them to join hands with it to file cases in the courts.

He argued that he had not manipulated any of the affidavits as alleged by some of the witnesses. He used to get fully prepared affidavits in English by e-mail from Ms. Setalvad which he got notarised by the witnesses, victims concerned and handed them back to Ms. Setalvad or the NGO’s lawyer, he said.

Ms. Setalvad is also an accused in the 2007 Pandarwada case where bodies of riot victims were exhumed by the NGO activists to prove that many more bodies had been buried there. Mr. Khan told police that it was done at her behest.