Mumbai, 31 January 2014

The Bombay High Court today refused to grant anticipatory bail to controversial NGO operator Teesta Setalvad and her husband Javed Anand in cheating and breach of trust case filed against them by victims of year 2002 Gujarat riots. The couple was however granted transit anticipatory bail for four weeks. They have been directed to appear before a Gujarat court within this period.

The court had granted interim relief to them on January 10, 2014 protecting them from arrest till Friday. The prosecution had been given three weeks to file a reply to the application. On Friday, the judge disposed off the application after the prosecution argued that the plea has no maintainability in the Bombay High Court, as the case has been registered in Gujarat.

“I am inclined to grant transit bail, but territorial jurisdiction is an impediment (for granting anticipatory bail). It is for you to go before the Gujarat court,” Justice Mridula Bhatkar told the couple.

“I am of the view that it is a matter of judicial propriety that territorial jurisdiction is to be kept in mind in respect of powers of every high court. Thus, without going into the merits of the matter, I grant transit anticipatory bail for a period of four weeks to the applicant accused to move before the appropriate forum. It will come to an end on February 28,” Justice Bhatkar said.

Ms. Setalvad’s counsel argued that since she is a resident of Maharashtra, and since Sabrang Trust is registered in Mumbai, the Bombay High Court had the jurisdiction to grant anticipatory bail to her.

“I am not running away from Gujarat court,” she told the court. But the court maintained that she had to remain present before a Gujarat court. “This court being Bombay High Court of Maharashtra, has no territorial jurisdiction over Gujarat,” the judge observed.

A First Information Report (FIR) was registered in the DCP police station in Ahmedabad this month, at the behest of a former resident of Gulbarg Society who claimed that Ms. Setalvad, Mr. Anand, Tanvir Jafri and two others had embezzled funds to the tune of Rs. 1.5 crore which were meant for the construction of a memorial.

According to the FIR, the office bearers of Ms. Setalvad’s NGO, Citizens for Justice and Peace, and portal Sabrang have been booked under sections 438 of CrPC, 72(A) of Information Technology Act, and 406, 420 and 120B of the IPC.

Copy of FIR against Teesta and her husband Javed

Teesta Setalvad, her husband Javed booked for fraud with riot victims

Case under IPC 420 recommended against Teesta Setalvad

Teesta, Shabnam made money in the name of riot victims, alleges Feeroz Khan Pathan in this video

Teesta S claims that plans to make Gulbarg museum dropped around 2007. Why do we still see invites for donation here? http://t.co/eDqXZgZjZj

— Kartikeya Tanna (@KartikeyaTanna) January 31, 2014