The Supreme Court on Thursday 12th February granted protection till Friday to social activist Teesta Setalvad and her husband, facing arrest in connection with embezzlement of funds in the construction of a museum for Gulbarg Society victims of the 2002 Gujarat riots. Soon after the Gujarat High Court rejected their anticipatory bail plea, Setalvad and her husband Javed Anand approached the SC saying that it was a case of "political vendetta" by the perpetrators of the riots. Senior advocate Kapil Sibal mentioned the matter relating to imminent arrest of the couple before a bench presided over by Chief Justice H L Dattu. He sought an urgent hearing, saying that this was an "extraordinary situation" with the police at their doorstep, hell bent to arrest them. The apex court restrained police from arresting Setalvad and posted the matter to Friday. The HC rejected the plea of Setalvad and others, saying that they were not cooperating in the probe and they cannot be armoured with full fledged anticipatory bail. Setalvad, her husband and two others were booked by the Crime Branch of Gujarat Police on charges of cheating, breach of trust and under the IT Act, in relation to the construction of "Museum of Resistance" in Gulbarg Society in Ahmedabad, which was hit by communal riots in 2002. UPDATE 13th February 2015: The Supreme Court further stayed the arrest of Setalvad and Anand until the 19th February. UPDATE: 21 April 2015 New judicial harassment of human rights defender Teesta Setalvad On 15 April 2015, human rights defender Ms Teesta Setalvad released a statement detailing her full co-operation with an investigation launched by Foreign Contributions Regulation Act (FCRA) Unit after members of the Gujarat Government wrote to the Minister of Home Affairs Mr Rajnath Singh, demanding further probes into the accounts of her NGO Sabrang Trust. Teesta Setalvad is a journalist and founder of Citizens for Justice and Peace (CJP) and Sabrang Trust. Sabrang Trust was established after the 1992-1993 communal violence in Mumbai, and works to promote communal harmony. CJP was established in April 2002, in the immediate aftermath of the communal violence of the Gujarat riots, to provide legal aid to the survivors of the riots. The organisation has been instrumental in obtaining the 117 convictions against perpetrators of the violence. According to Gujarat's Minister of State, Mr Rajnikant Patel, the state government contacted the Home Minister requesting the inquiry into the Setalvad's Sabrang Trust on the basis of their belief that foreign funds sent to her NGO, in particular by the US-based Ford Foundation, were misused in order "to create communal disharmony" within the state of Gujarat, and carrying out "anti-national propaganda" abroad. Following the letter from the Gujarat Government to the Home Minister, senior officers from the FCRA monitoring unit visited the registered offices of the Sabrang Trust, along with those of Citizens for Justice and Peace. With the full co-operation of Teesta Setalvad and her staff, the inspection team carried out a detailed investigation into the records of both NGOs from 6-8 April 2015, during which hundreds of copies of original accounts and records were provided upon request to the investigation unit. The intensified investigation into Teesta Setalvad and the work of her NGOs comes in the build up to her anticipatory bail plea, which shall be heard by a 3 member bench of the Supreme Court on 21 April 2015, in relation to legal proceedings pending against her and her spouse, Mr Javed Anand, based on allegations of embezzling funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. UPDATE: 25 June 2015 CBI probe against Teesta Setalvad's firm likely The government may ask CBI to probe alleged transfer of funds by the Ford Foundation to activist Teesta Setalvad's Sabrang Communication and Publishing Pvt Limited (SCPPL). Official sources said SCPPL had accepted a grant of USD 2.9 lakh from the Ford Foundation despite being a private company not having clearance from the Ministry of Home Affairs under the Foreign Contributions Regulation Act (FCRA). This donation was, therefore, a serious violation of FCRA provisions, which mandate funding from a foreign source to only those recipients who have FCRA registration, they said. The sources claimed the Home Ministry during its inspection of the company's accounts found that an amount of Rs 50 lakh was allegedly transferred to it by Setalvad's Sabrang Trust which also was in violation of FCRA norms. Gujarat government had asked the Home Ministry to take action against Ford Foundation, alleging that the US-based organisation was "interfering in internal affairs" of the country and also "abetting communal disharmony" through an NGO run by social activist Teesta Setalvad. The fund transfer from Ford Foundation, at present, has to be cleared by a nodal official in the Home Ministry. In April, the government had ordered that funds from the Ford Foundation should not be released by any bank to any Indian NGO without mandatory permission from the Home Ministry. The Gujarat government and Setalvad are embroiled in legal battles. While she has filed several cases against the state government functionaries including the then chief minister Narendra Modi in connection with the communal riots of 2002, the state police has filed a case of embezzlement of funds against her. The Gujarat police has been probing a case of alleged embezzlement of Rs 1.51 crore against Setalvad, based on a complaint by survivors of Gulberg Society. Setalvad, in her statement earlier, had said that Sabrang Trust had co-operated with the Home Ministry team which visited its offices. Her anticipatory bail plea is pending before the Supreme Court after the Gujarat High Court rejected her pre-arrest bail plea. UPDATE: 22 July 2015 CBI ends 3-day recording of Teesta, hubby's statement in FCRA case Activist Teesta Setalvad and her husband Javed Anand today concluded recording of their statement before CBI in connection with a case against their firm for allegedly receiving around USD 2.9 lakh in foreign donations in violation of Foreign Contribution Regulation Act (FCRA). The couple appeared before the central probe agency on three consecutive days since Saturday pursuant to Friday's directive of CBI special judge Anis Khan, who had reserved his order on their anticipatory bail applications till tomorrow while granting them interim protection from arrest. The CBI, which registered a case on July 8 against Sabrang Communication and Publishing Pvt Limited, has alleged that SCPPL was not registered under FCRA for collecting money from abroad and the amount of nearly Rs 1.8 crore (2.9 USD) was, therefore, received in violation of the Act as the organisation needed to seek prior approval of the Union Home Ministry. "We have recorded our statement on three consecutive days as per the directions of the court. Beyond this I can't share anything as per the orders of my lawyers," Setalvad later said. The CBI sleuths had searched four premises owned by Setalvad, Anand, an associate Gulam Mohammed Peshimam, and the office of SCPPL on July 14. The probe agency had opposed the bail plea contending the motive behind the transfer of foreign contribution to SCPPL reflected "interference towards the internal security and activities of India" and also contested Setalvad's claim that the money received was a fee for consultancy. "During the search, an agreement dated September 22, 2006 between Ford Foundation (a US-based NGO) and SCPPL was seized which clearly showed that the remittances were grants. There is no mention of any 'consultancy' therein," the CBI told the court. The CBI, which is probing the firm's accounts from 2004 to 2014, claimed to have recovered documents showing that the money received from the Ford Foundation had not been cleared by the Home Ministry. In a related move, the couple has moved an application before a court in Mumbai challenging the raids carried out by CBI, citing the Crinimal Procedure Code which provides for conducting a raid only in circumstances when the accused is not cooperating. The court will hear the petition on July 27. Setalvad, during the July 14 raids by CBI, had termed the action as a" shameful political vendetta". "The Zakia Jafri case begins its final hearings on July 27 2015. The Naroda Patiya appeals (Maya Kodnani and Babu Bajrangi) are being heard in the Gujarat High Court tomorrow. This is nothing but a bid to subvert the cause of public justice and ensure that no justice happens in these cases," she had said in a statement. Kodnani was a minister in the Gujarat government under Narendra Modi and Bajrangi is a notorious Hindu right wing activist. UPDATE: 24 July 2015 Foreign contribution case: CBI court rejects Teesta Setalvad's plea A special CBI court here today rejected the anticipatory bail application of social activist Teesta Setalvad and her husband filed in connection with a case registered by CBI alleging that her company received Rs 1.8 crore from abroad without mandatory approval from Centre. "The anticipatory bail application is rejected," said Special judge Anis Khan while turning down the plea. Setalvad and her husband Javed Anand had moved the court for bail on July 17. Immediately after the order, Setalvad told the court that she was shocked. "I am shocked and aggrieved by the verdict as this is a petty offence. My sympathisers feel that this is an attempt (by the government) to intimidate and possibly eliminate us by the powers (sic)." The CBI had on July 8 registered a case against Setalvad and Anand alleging that her firm Sabrang Communication and Publishing Pvt Limited (SCPPL) received around 2.9 lakh USD in foreign donations in violation of Foreign Contribution Regulation Act (FCRA). According to the agency, SCPPL was not registered under FCRA for collecting money from abroad and the amount of nearly Rs 1.8 crore (2.9 lakh USD) was, therefore, received in violation of the Act as the organisation needed to seek prior approval from the Union Home Ministry. Teesta and her husband, through their lawyer, had told the court that they were innocent and were falsely implicated. Her advocate Mihir Desai told the court that the only reason why the agency wanted to arrest them is to humiliate them for their work in Gujarat. However, CBI in their reply, last Friday, had said that motive behind the transfer of foreign contribution to SCPPL reflected interference towards the internal security and activities of India. "Such act of foreign donor would prejudicially affect the security, strategic, scientific and economic interest of the state and also affect the harmony between religious, social, linguistic or regional groups, castes or communities", the CBI had said in its reply while opposing her plea. The agency said the allegations against them (Setalvad and Anand) are serious in nature and it is proposed to unravel all the contours of the offence and the conspiracy during the investigation. Setalvad alleged that the FIR registered against her and her husband was for the purpose of harassing and torturing them, a charge rejected by CBI. "The applicants are deliberately mixing up the offences alleged against them with non-related issues in order to divert the attention from the serious charges against them," the agency had said. The CBI had also told the court that when their premises were searched on July 14 this year there was total resistance and non-cooperation from their side. "During the search, an agreement dated September 22, 2006 between Ford Foundation and SCPPL were seized which clearly showed that the remittances were grants. There is no mention of any 'consultancy' therein," the reply had said. UPDATE: 24 July 2015 Teesta Setalvad's NGO CJP put under 'prior permission' list Compounding activist Teesta Setalvad's trouble, her NGO Citizens for Justice and Peace (CJP) has been put under Prior Permission category by the Home Ministry. The decision has been taken following an investigation by the Home Ministry which found alleged violation of various provisions of Foreign Contribution Regulation Act by CJP. "The NGO will have to take prior permission from the foreigners division of the Home Ministry before accepting or utilising the foreign contribution," an official said. CJP, which has been fighting cases for victims of 2002 Gujarat riots, had received a total foreign contribution of around Rs 1.18 crore from 2008-09 to 2013-14. According to the notice, more than 80 per cent or nearly Rs 95 lakh was spent for legal aid. Citizens for Justice and Peace and Sabarang Trust, run by Teesta and her husband Javed Anand, were served notices by the Home Ministry about two months ago asking the NGOs why their registration under FCRA would not be cancelled as on-site inspection of records and books of accounts of the two found "irregularities and financial misappropriation". While CJP was registered for 'Educational and Economic' purposes, it received foreign contribution for activities such as 'Legal Aid' which is covered under purpose 'Social'. Hence, it violated FCRA rules, the Home Ministry contended. "On review of vouchers of the Association, it was found that Sabrang Trust (another NGO of Teesta) have made payment of Rs 12 lakh from FCRA designated account to Citi Bank and Union Bank of India on account of credit facilities taken through credit cards belonging to Setalvad and Anand. "This amounts to use of foreign contribution for the purposes not authorised as per the provisions of FCRA 2010. Thus, the Association has violated Section 8(1) (a) of FCRA 2010," the Home Ministry notice had said. The Ministry's investigation also found that Anand has taken international medical policy for visiting Lahore and debited the amount in the account of Sabrang Trust. Facing the notices, the two NGOs have conveyed to the Home Ministry that they have done no financial irregularities and no foreign contribution was misused by any of its office bearer. UPDATE: 24 July 2015 Interim relief for Teesta, her husband; no arrest till Aug 10 In a breather to social activist Teesta Setalvad and her husband, the Bombay High Court today granted the duo 17-day interim relief from arrest in a CBI case alleging that her company received Rs 1.8 crore from abroad without mandatory approval from Centre. Justice Mridula Bhatkar, while granting Teesta and her husband Javed Anand interim protection from arrest till August 10, said the duo was already given protection by the sessions court. Teesta and Anand moved the high court seeking anticipatory bail after a special CBI court today rejected their pre-arrest bail pleas and also refused to extend the interim relief granted to them earlier on July 17. "At this stage I do not want to go into merits. Is there any chance of the accused persons absconding? If no, then interim protection can be granted for a period of two weeks," Justice Bhatkar said. The court directed Teesta and her husband to appear before the office of Economic Offences Wing of CBI on July 27 and 30 and on August 3 and 6 for recording their statement from 12pm to 3pm. The court refused to agree to the CBI's demand to direct the duo to appear before the agency everyday. "They (Teesta and Javed) have been appearing before you (CBI) from July 17. You must have done some investigation. Everyday appearance is not required," Justice Bhatkar said. Public Prosecutor Sandeep Shinde, appearing for CBI, argued that the offence was of a serious nature and custodial interrogation was required. The court has posted their anticipatory bail petitions for final hearing on August 10. Soon after the sessions court rejected her bail pleas, Teesta told the court that she was shocked and aggrieved. "I am shocked and aggrieved by the verdict as this is a petty offence. My sympathisers feel that this is an attempt (by the government) to intimidate and possibly eliminate us by the powers (sic)," she said. The CBI had on July 8 registered a case against Teesta and Anand alleging that her firm Sabrang Communication and Publishing Pvt Limited (SCPPL) received around 2.9 lakh USD in foreign donations in violation of Foreign Contribution Regulation Act (FCRA). According to the agency, SCPPL was not registered under FCRA for collecting money from abroad and the amount of nearly Rs 1.8 crore (2.9 lakh USD) was, therefore, received in violation of the Act as the organisation needed to seek prior approval from the Union Home Ministry. Teesta and her husband, through their lawyer, had told the special CBI court that they were innocent and were falsely implicated. Her advocate Mihir Desai told the court that the only reason why the agency wanted to arrest them was to humiliate them for their work in Gujarat. However, CBI in their reply, last Friday, had said that the motive behind the transfer of foreign contribution to SCPPL reflected interference towards the internal security and activities of India. "Such act of foreign donor would prejudicially affect the security, strategic, scientific and economic interest of the state and also affect the harmony between religious, social, linguistic or regional groups, castes or communities", the CBI had said in its reply while opposing her plea. The agency said the allegations against them (Setalvad and Anand) are serious in nature and it is proposed to unravel all the contours of the offence and the conspiracy during the investigation. Setalvad alleged that the FIR registered against her and her husband was for the purpose of harassing and torturing them, a charge rejected by CBI. "The applicants are deliberately mixing up the offences alleged against them with non-related issues in order to divert the attention from the serious charges against them," the agency had said. The CBI had also told the court that when their premises were searched on July 14 this year there was total resistance and non-cooperation from their side. "During the search, an agreement dated September 22, 2006 between Ford Foundation and SCPPL were seized which clearly showed that the remittances were grants. There is no mention of any 'consultancy' therein," the reply had said. UPDATE: 16 September 2015 Centre suspends Teesta NGO licence A week after cancelling Greenpeace India's registration, the Centre on Thursday suspended the licence of Teesta Setalvad's NGO Sabrang Trust to receive foreign donation citing 10 violations of rules. The charges include transfer of foreign funds to organisations which do not have permission to receive it and diverting foreign funds for personal use like buying an international medical insurance of Rs 1,174 for Teesta's activist-husband Javed Anand while on a visit to Pakistan and spending of Rs 4,227 for travel and books to attend a PUCL meeting. The NGO, whose licence was suspended for 180 days, has been asked to explain why its registration should not be cancelled within 30 days. The action against the NGO belonging to Teesta, who was in the forefront of the fight for victims of 2002 Gujarat riots, came as a culmination of a five-month-long investigation. Earlier in July, another Teesta-led NGO __�Centre for Justice and Peace' was put on prior permission category for receiving foreign funds. A CBI probe is also ordered into the "misuse" of foreign funds received by organisations Sabrang Trust, Citizens for Justice and Peace and Sabrang Communication and Publishing Pvt Ltd (SCPPL). There has been a string of action against NGOs in the last one year after the NDA government came to power with Greenpeace India losing its registration and clearance of funds provided by Ford Foundation being put on prior permission category. The order also said Sabrang Trust spend more than 50 per cent of foreign contribution it received in 2010-11 and 2011-12, which is another violation. It said in 2010-11, it spend 64.23 per cent of Rs 48.42 lakh it received as foreign funds while in the next fiscal, it spend 55.14 per cent of Rs 49.10 lakh. UPDATE: 8 October 2015 Gujarat High Court reserves order on Teesta Setalvad's bank accounts The Gujarat High Court on Tuesday reserved its order on a plea to unfreeze personal bank accounts of human rights activist Teesta Setalvad and her husband Javed Anand and bank accounts of the two NGOs Sabrang trust and Citizens for Justice and Peace (CJP). The couple approached the court after the Ahmedabad crime branch launched a probe against them and their NGOs and froze their accounts, accusing the couple of committing fraud and misusing the foreign funds meant for the victims of the 2002 communal riots in Gujarat. Justice G.R. Udhvani heard the arguments made by the lawyers of the government and also Ms. Teesta and her husband, who argued that the police should have defrozen the accounts after obtaining bonds from the petitioners, who have been cooperating with the process of probe. Ms. Teesta's counsel Mihir Desai also contended that the two accounts were FCRA (foreign contribution regulation act) accounts, which can only be seized by the Home Ministry and not be the local police as is the case in the present matter. According to the details provided by the Ahmedabad crime branch, Ms. Teesta and Mr. Javed allegedly committed fraud of Rs. 1.51 crore that was collected to build a museum in memory of those killed in the Gulbarg society massacre during the communal riots. UPDATE: 12 October 2015 Order Extending Protection to Teesta Setalvad a 'Mistake': Supreme Court It was a "mistake" to have extended the interim protection from arrest granted to Teesta Setalvad and her husband, the Supreme Court said today "Earlier, it was a mistake," a bench comprising justices A R Dave and Adarsh Kumar Goel observed when senior advocate Kapil Sibal, appearing for the activist, said the protection against arrest was expiring on October 15 and moreover, last time this two-judge bench had itself extended the relief. "It is a three-judge bench matter... place it before the appropriate bench," the court said and asked Mr Sibal to mention it before the Chief Justice for making available the special bench to extend the relief. "I do not want to lose the protection," Mr Sibal said. The relief was granted to the activist couple in a case of alleged embezzlement of funds for a museum at Ahmedabad's Gulbarg Society that was devastated in the 2002 riots. Meanwhile, the counsel for Gujarat police sought adjournment on the hearing of its plea seeking a direction to Teesta for supplying certain documents, which was allowed. The court, on September 11, had extended by four weeks the interim protection from arrest granted to Teesta Setalvad and her husband in the case. Mr Sibal had then mentioned the issue on behalf of the couple, saying the interim order was expiring on September 15. Setalvad and her husband Javed Anand have challenged the order of the Gujarat High Court denying them anticipatory bail in the case. The High Court order was stayed by the apex court and has been pending to be heard by a three-judge bench. The apex court had on April 16 constituted the three- judge bench to hear afresh the anticipatory bail plea of Setalvad and her husband as a two-judge bench of Justices Dipak Misra and Adarsh Kumar Goel on March 19 had referred it to a larger bench and extended its interim order protecting them against arrest till the larger bench takes up the matter. The couple have denied all charges levelled by Gujarat Police, which in an affidavit in July had alleged that they had misappropriated funds meant for charity for personal expenses, buying items ranging from wine to mobile phone, besides tampering with evidence. Teesta and her husband, who have been fighting for justice for the riot victims, have denied all allegations contending that they have been implicated in the case and were victims of political vendetta. UPDATE: 14 October 2015 SC issues notice to Teesta Setalvad on CBI plea The Supreme Court on Wednesday issued notice to social activist Teesta Setalvad on a petition by the CBI alleging that an NGO run by her received foreign grants from Ford Foundation which were prohibited under then Foreign Contribution Regulation Act (FCRA). Issuing notice to Teesta Setalvad and others, the apex court bench of Justice Anil R. Dave, Justice F.M.I. Kalifulla and Justice V. Gopala Gowda extended till December 8 the bail granted to Teesta and her husband Javed Anand in the alleged misuse of funds in the Gulbarga society case. Directing the listing of the matter on December 1, the court said that Teesta Setalvad will file her response to the CBI plea in four weeks and CBI will file its rejoinder, if any, thereafter. CBI has challenged Bombay High Court order whereby while holding that the documents being sought by the CBI relates to accounts and therefore it does not require custodial interrogation as it granted her interim bail. The CBI on Wednesday sought the vacation of the high court order granting interim bail to Teesta alleging that she was not cooperating with the investigating agency probing the allegation.