---------- Forwarded message ---------- From: EKTA NEWS AND FEATURES / LS HERDENIA LS HERDENIA < [email protected]> Date: Thu, Mar 30, 2017 at 10:45 AM Subject: Re: Bail Hearing of HRDs Teesta Setalvad & Javed Anand on March 31 in Supreme Court
On 29/03/2017 5:58 PM, Teesta Setalvad wrote: *Dear Friends, * *We have just received intimation that the hearing is not on 31st March (Bail Hearing) and is likely to be on April 17 or thereabouts* The concerns expressed below remain, however. Teesta <http://www.omct.org/human-rights-defenders/urgent-interventions/india/2017/02/d24203/> *Bail Hearing of HRDs Teesta Setalvad & Javed Anand on March 31 in Supreme Court* The Gujarat State (Police, Crime Branch) harassment and intimidation of HRDs Teesta Setalvad and Javed Anand has resumed once again! This morning, Mahesh Jethmalani suddenly mentioned their *pending Bail Matter before Chief Justice of India Kehar* and the matter has been listed on Friday, March 31. In a show of high drama and vindictiveness, Anticipatory Bail had been refused to HRDs Setalvad and Anand on February 12, 2015 after which a virtual witch-hunt has been launched against them and their organisations by different wings of the state apparatus, including the CBI (see references below) The SC stepped in and gave both HRDs temporary protection in March 2015 (the Gujarat Home Department then instigated the MHA under Modi to launch a scrutiny of all the organisations, first suspend FCRA, then grant it to one and then finally cancel it to both Citizens for Justice and Peace (CJP and Sabrang Trust-December 2016). The CBI was also let loose on them, home and office raided, following which Bombay HC granted ABA. CBI then challenged grant of ABA and thereafter charge sheeted them in a Mumbai Court. The matter that comes up on Friday is the matter related to the Crime Ahmedabad's malafide investigation into CJP, Sabrang accounts. Over 21,000 pages of accounts have been supplied to the IO, each one of the vicious allegations answered and yet the persistent attempts to criminalise the issue--*and attempt the incarceration of two HRDs continues. Since February-March 2015 when the Gujarat Police failed to arrest the HRDS *( they arrived at their home in Mumbai within 40 minutes of the Gujarat HC rejecting their anticipatory bail in Ahmedabad/Gandhinagar on March 12), the SC has extended temporary protection, pending hearing of the matter to both Setalvad and Anand. Teesta Setalvad is facing nine false criminal cases (eight by the Gujarat police and one by the CBI). Javed Anand gaces two, one by the Crime Branch and one by the CBI. These are clear attempts to browbeat us into stopping the crucial human rights work that we are engaged in. Meawhile the CBI chargtesheeted (criminally prosecuted and this is a first!!!!) Setalvad and Anand for alleged FCRA Violations which they have denied. They were granted Judicial Bail on February 3. That matter comes up in a CBI Court on May 12, 2017. Please ensure that the *support to us to continue the good fight co0ntinues.* Stand up for HRDs- Persecution of Javed Anand and Teesta Setalvad-Please Circulate Widely *Urgent Attention* Tomorrow, February 3, 2017 Javed Anand and Teesta Setavad will appear in response to a summons before the CBI Court (Kila Court) Mumbai. They have been charge sheeted for 'violating provisions of the FCR Act' a charge they have consistently denied. The false case relates to a Consultancy with Ford Foundation and Sabrang Communications & Publishing Pvt Ltd The CBI charge sheet follows the raid on their home and offices in 2015, following their being given anticipatory bail by the Bombay High Court (August11, 2015). Tomorrow will hopefully be a routine conversion of the ABA to a judicial bail. This is however a long string of persecutions against the two (Gujarat Police false FIR, MHA Inspection, Cancellation of FCRA etc and the *eighth false criminal case against Setalvad.* What needs to be remembered that this is a compundable offence. At worst it is a civil one. The brazen attempts by the regime to criminalise it and to actually charge sheet Anand and Setalvad bespeaks a desperation and vindictiveness that is unprecedented. We count on your support Please also look at the Frontline Defenders statement below Teesta Javed http://www.thehindu.com/news/national/CBI-allegations-basele ss-Teesta/article16989260.ece *CBI allegations baseless: Teesta * Suvojit Bagchi Kolkata: January 05, 2017 00:09 IST Activist Teesta Setalvad said the charges framed by the Central Bureau of Investigation (CBI) against her and her husband Javed Anand would not hold in the court of law. In an interview to *The Hindu,* the activist said the allegations “do not have any legal basis” according to specific sections of the Foreign Contribution (Regulation) Act (FCRA) of 1976 and the amended FCRA of 2010. The CBI, on Tuesday, filed a charge sheet against Ms. Setalvad and Mr. Anand accusing them of receiving contributions from abroad even if “they were not eligible” for the funding. The funding was given by Ford Foundation. *Three charges* One of the three key allegations was that Ms. Setalvad and Mr. Anand, being publishers, are barred from taking foreign contributions. They also wrote articles in Indian papers and thus barred from receiving funding from other countries under various sections of FCRA 2010. However, both of them and their publishing company Sabrang Communications and Publishing Private Limited (SCPPL) received funding thus violating the law. Ms. Setalvad said: “Ford Foundation [contribution] falls outside the purview of FCRA as per the Act [Section 3 and 4]” and thus neither the individuals accused or SCPPL violated any law. Under FCRA, three categories of professionals — members of political party, public servants including judges, and members in the editorial position in media organisation — are prohibited from accepting foreign contribution in their capacity. However, the Section 4 of 1976 Act and Section 3 of 2010 Act say that individuals prohibited may take a fee for the services provided. Like an editor of an Indian paper may accept a fee for writing in a foreign publication or a lawyer MP providing professional advice in personal capacity may accept a fee from a legitimate foreign source as long as the person accounts for the contribution. “Thus the bar on receiving foreign contribution under Section 3 for certain ‘persons’ has an exclusionary clause under Section 4. In short, both Section 2 (h) [explanation of foreign contribution] and Section 4 put SCPPL and us outside the purview of FCRA Act,” Ms. Setalvad said. The other allegation is that they did not seek prior permission of the Home Ministry for receiving the funds. Ms. Setalvad said that since the consultancy was “out of the purview of FCRA, the question of seeking prior permission does not arise.” The third allegation was related to non-maintenance of a separate bank account, as obligated under the FCRA. Ms. Setalvad reiterated that the consultancy “was out of the purview of FCRA.” https://sabrangindia.in/ann/frontline-defenders-condemns-con tinuous-judicial-harassment-against-human-rights-defenders *Frontline Defenders Condemns - Continuous judicial harassment against human rights defenders Teesta Setalvad and Javed Anand* Front Line Defenders expresses its concern at the continuous judicial harassment against Teesta Setalvad, Javed Anand as it believes this to be an attempt to intensify the harassment of the human rights defenders, and to repress their legitimate work in the defence of human rights. On December 31, 2016, the Central Bureau of Investigation (CBI) has filed a charge sheet to the Mumbai special court against human rights defenders Ms Teesta Setalvad, Mr Javed Anand and their publishing company Sabrang Communications and Publishing Private Limited (SCPPL) for alleged violation of the Foreign Contribution Regulation Act (FCRA). Teesta Setalvad is a journalist and founder of Sabrang Trust, Sabrang Communications and Publishing Private Limited (SCPPL) and Citizens for Justice and Peace (CJP). Sabrang Trust and Sabrang Communications and Publishing Private Limited (SCPPL) were established after the 1992-1993 communal violence in Mumbai, and work to promote conflict resolution and support peace building. CJP was established in April 2002, in the immediate aftermath of the communal violence during the Gujarat riots, to provide legal aid to the survivors of the riots, and has been instrumental in obtaining the 117 convictions against perpetrators of the violence. On December 31, 2016, the Central Bureau of Investigation (CBI) has filed a charge sheet to the Mumbai special court against human rights defenders Teesta Setalvad, Javed Anand and SCPPL for criminal conspiracy under Section 120B of the Indian Penal Code, along with Foreign Contribution Regulation Act (FCRA). There were three key allegations, the first allegation was that Teesta Setalvad and Javed Anand, as columnists, were not eligible to accept foreign contributions in accordance with FCRA. The second allegation is that they did not seek prior permission from the Home Ministry for receiving the foreign contribution. The third allegation was that the company did not maintain an exclusive bank account for receipt of foreign contribution, as obligated under the FCRA. The Mumbai special court has issued summons to the human rights defenders to appear before court on February 3, 2017. This is not the first case of judicial harassment on Teesta Setalvad and Javed Anand. On June 16, 2016, the Indian Ministry of Home Affairs (MHA) issued a notice to cancel the Foreign Contributions Regulation Act (FCRA) registration of Sabrang Trust. 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. Front Line Defenders expresses its concern at the continuous judicial harassment against Teesta Setalvad, Javed Anand as it believes this to be an attempt to intensify the harassment of the human rights defenders, and to repress their legitimate work in the defence of human rights. The appeal may be read here <https://sabrangindia.in/sites/default/files/update_teesta_and_javed_06_01_17_hrds.pdf?289> <http://www.omct.org/human-rights-defenders/urgent-interventions/india/2017/02/d24203/> <http://www.omct.org/human-rights-defenders/urgent-interventions/india/2017/02/d24203/> http://www.omct.org/human-rights-defenders/urgent-interventi ons/india/2017/02/d24203/ India: Ongoing judicial harassment of human rights defenders Ms. Teesta Setalvad and her husband, Mr. Javed Anand *New information* *IND 003 / 0716 / OBS 054.1* Judicial harassment *India *February 8, 2017 The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, has received new information and requests your urgent intervention in the following situation in *India*. *New information:* [image: http://www.omct.org/files/2017/02/24203/teesta.jpg] The Observatory has been informed by reliable sources of the ongoing judicial harassment of human rights defenders Ms.* Teesta Setalvad* and her husband, Mr. *Javed Anand*. Ms. Setalvad is the founder of Sabrang Trust, a non-governmental organisation that works to promote conflict resolution and support peace building, as well as of Citizens for Justice and Peace (CJP). Within the framework of CJP, Ms. Setalvad has notably been at the forefront of protests and legal interventions on behalf of victims and their families regarding crimes committed against Muslims during the Gujarat riots of 2002, and has been sharply critical of the then Gujarat State government led by Mr. Narendra Modi, now Prime Minister of India. According to the information received, on February 3, 2017, Ms. Teesta Setalvad and Mr. Javed Anand appeared before the Mumbai Special Central Bureau of Investigation (CBI) Magistrate Court, related to charges they are facing for alleged violations of Section 120 B of the Indian Penal Code (criminal conspiracy) and the Foreign Contribution (Regulations) Act (FCRA). The CBI decided to grant them bail on the surety of Rs 20,000 (about 280 EUR), but they cannot leave the country without court’s permission. The next hearing in this case is scheduled for May 12, 2017. Ms. Teesta Setalvad and Mr. Javed Anand had been summoned by the court after the CBI filed a charge sheet on January 3, 2017 against them and their publishing company, Sabrang Communications and Publishing Private Limited (SCPPL), for alleged criminal conspiracy and alleged violations of the FCRA, in relation to funding received from the US-based Ford Foundation without the prior approval of the Ministry of Home Affairs. Yet, according to Ms. Teesta Setalvad, the publishing house had a consultancy contract with the Ford Foundation, which excluded it from the restrictions of the FCRA. The Observatory expresses its deepest concern about the ongoing judicial harassment against Ms. Teesta Setalvad and Mr. Javed Anand, which seems to be merely aimed at sanctioning their human rights activities, in particular their work for justice and truth with regard to the 2002 Gujarat riots (see background information). The Observatory also urges the Indian authorities to ensure that all judicial proceedings against Ms. Teesta Setalvad and Mr. Javed Anand are conducted in full compliance with their right to a fair trial, as provided for under international law. *Background information:* Judicial proceedings have been ongoing against Ms. Teesta Setalvad and her spouse since 2013, based on spurious charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. Ms. Teesta Setalvad had to seek anticipatory bail from the Supreme Court in relation to this case. An investigation that began in January 2014 has resulted in continuous harassment and systematic probes into the accounts of Sabrang Trust and groundless accusations of non-cooperation. On July 14, 2015, Ms. Teesta Setalvad's house and office were raided by officers of the Central Bureau of Investigation and on June 29, 2015, a travel ban was imposed on her. On February 12, 2015, the Gujarat High Court denied anticipatory bail to Ms. Teesta Setalvad and her husband, Mr. Javeed Anand. 40 minutes later, Gujarat police arrived at their residence in Mumbai. However, on the same day the Supreme Court issued a stay on the High Court order, which prevented the couple from being arrested. On March 10, 2015, the Government of Gujarat’s Home Department wrote to the Ministry of Home Affairs, ordering the Ministry to carry out an inspection of Sabrang Trust upon allegation of FCRA violations. >From April 9 to 11, 2015, a four-member FCRA Inspection Team headed by Shri Mahendra Kumar, Deputy Secretary (MHA/GOI), inspected the accounts and related records of Sabrang Trust in Mumbai. All original documents and photocopies as required by the Inspection Team were submitted, along with printouts of books of accounts of Sabrang Trust’s FCRA account and the Inspection Team acknowledged receipt of all these documents. Sabrang Trust subsequently received an official post-inspection communication from the FCRA department. The notice, signed by Under Secretary Shri Anand Joshi, who was not part of the Inspection Team, and dated June 4, 2015, made several ”observations” concerning alleged violations of the FCRA, 2010 and the FCR Rules, 2011. Through a detailed letter dated June 25, 2015, Sabrang Trust responded to each allegation, point-by-point, highlighting how, contrary to what was claimed in the “observations”, the Trust had not violated any provision of the FCR Act and Rules. Sabrang Trust received an 'Order' dated September 9, 2015, signed by Deputy Secretary Shri Mahendra Kumar (who had headed the Inspection Team in April 2015), suspending the FCRA registration of Sabrang Trust for a period of 180 days. In response, through a detailed letter dated October 5, 2015, addressed to the Deputy Secretary, Sabrang Trust challenged again the 'Order', denying once again having committed any FCRA violation. The Trust requested that it be given an opportunity for its members to present the case in person before the FCRA authorities. Subsequently, Sabrang Trust received a letter dated March 30, 2016 signed by Shri D.P. Tripathy, Director of FCRA Monitoring Unit, asking Mr. Javeed Anand, Sabrang Trust's Chief Functionary, to appear before him on April 16, 2016 to present Sabrang Trust's case. Accordingly, Mr. Javed Anand and a lawyer appeared before the Director of FCRA Monitoring Unit to further support Sabrang Trust's contention that it had not violated any provision of the FCR Act and Rules. The meeting lasted less than 10 minutes. On June 16, 2016, the Ministry of Home Affairs announced on its website that the licence of Sabrang Trust had been cancelled under FCRA with “immediate effect”. *Actions requested: * Please write to the authorities in India, urging them to: i. Put an end to all acts of harassment - including at the judicial level - against Ms. Teesta Setalvad and Mr. Javeed Anand, as well as against all human rights defenders and organisations in India so that they are able to carry out their work without hindrances; ii. Review the FCRA and amend the law and related implementing policies to ensure that they are in conformity to international law and human rights standards; iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Articles 1 and 12.2; and iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India. *Addresses: * · Mr. Shri Nanredra Damodardas Modi, Prime Minister of India, Fax: + 91 11 2301 6857. E-mail: *[email protected] <[email protected]>* / *[email protected] <[email protected]>* · Mr. Raj Nath Singh, Union Minister of Home Affairs of India, Fax: +91 11 2309 2979. Email: *[email protected] <[email protected]>* · Sh. B. K. Singh, Under Secretary (FCRA), Ministry of Home Affairs, Email: *[email protected] <[email protected]>* · Justice T.S. Thakur,, Chief Justice of India, Supreme Court, of India, Fax: +91 11 233 83792, Email: *[email protected] <[email protected]>* · Justice Shri H.L. Dattu, Chairperson of the National Human Rights Commission of India, Fax +91 11 2465 1329. Email: *[email protected] <[email protected]>*; *[email protected] <[email protected]>* · Mr. Srinivasa Kammath, Focal Point on Human Rights Defenders, National Human Rights Commission, of India, Email: *[email protected] <[email protected]>* · H.E. Mr. Ajit Kumar, Ambassador, Permanent Mission of India to the United Nations in Geneva, Switzerland. Fax: +41 22 906 86 96, Email: *[email protected] <[email protected]>* · Embassy of India in Brussels, Belgium, Fax: +32 2 6489638 / +32 2 6451869 Please also write to the diplomatic mission or embassy of India in your respective country. *** Geneva-Paris, February 8, 2017 Kindly inform us of any action undertaken quoting the code of this appeal in your reply. *The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of **ProtectDefenders.eu* <https://www.protectdefenders.eu/en/index.html>*, the European Union Human Rights Defenders Mechanism implemented by international civil society.* To contact the Observatory, call the emergency line: • E-mail: Appeals[at]fidh.omct.org • Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29 • Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80 -- Teesta Setalvad ---------------------------------- w <http://teestasetalvad.blogspot.com/>ww.sabrangindia.in www.cjponline.org www.gujarat-riots.com www.sabrang.com -- You received this message because you are subscribed to the Google Groups "humanrights movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at https://groups.google.com/group/humanrights-movement. For more options, visit https://groups.google.com/d/optout.
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