Hearing on social activist Teesta Setalvad’s four separate applications filed before the Ahmedabad Metropolitan Magistrate Court for de-freezing her personal bank accounts as well as that of her NGOs was conducted on Wednesday.
After four-hour-long arguments, the court has fixed November 28 for the pronouncement of the order. Teesta had filed four applications for de-freezing of her personal accounts, her husband Javed Anand’s accounts and accounts of her two NGOs - Citizen for Justice and Peace (CJP) and Sabrang Trust. The hearing continued for almost four hours that too without any lunch break.
Teesta’s Advocate Mihir Desai claimed that Crime Branch had illegally frozen Setalvad and her husband’s accounts and requested the Court to allow their applications and quashed the order issued by the Crime Branch for de-freezing all the four accounts.
Special Public Prosecutor Ajay Choksi, who advanced the argument on behalf of the Gujarat Government and Ahmedabad Crime Branch, informed the Court that Setalvad and her husband Javed concealed various material facts not only from the Metropolitan Court but also from the Bombay High Court, Supreme Court and Gujarat High Court. Choksi also informed that Teesta filed multiple applications and petitions in different courts to derail the due process of justice.
Setalvad had filed a writ petition in Gujarat High Court on July 7, 2014 for de-freezing of her personal as well as her NGO’s bank accounts. later on, she had withdrawn her petition on September 29, 2014.
Investigating Officer (IO) of the case, KN Patel submitted his written argument during the hearing. Patel placed several alarming facts against Teesta and her husband making a watertight case against them. Patel has not only highlighted how Teesta has concealed material facts from the Supreme Court but also lied on oath on several occasions.
Patel claimed that Teesta lied before the Ahmedabad Sessions Court and Gujarat High Court. “She categorically stated that as required under the Bombay Public Trust Act, 1950 the Accounts of Sabrang Trust and CJP are audited annually by Chartered Accountants and are filed with the Charity Commissioner, Mumbai along with the Auditor’s report every year,” he said adding that the investigation revealed that Javed Anand filed an affidavit to the Charity Commissioner, Mumbai, and sought condonation of 7 years delay for not filing of Audited Reports of CJP.
“Similarly he filed an affidavit in the office of the Charity Commissioner, for condonation of 5 years delay in submitting audited reports of Sabrang Trust. Javed in his both the affidavits stated that in future, he will file audited accounts of CJP and Sabrang Trust every year regularly,” he added.
The grounds for this gross lapse and irregularity in accounting for public funds running into crores of rupees meant for the charitable purposes is very casually explained away by the accused Teesta and Javed as a communication gap between the Auditor and the Trustees, said the public procecutor.
He highlighted that despite matter being pending in the Gujarat High Court, Teesta approached National Human Rights Commission (NHRC), New Delhi against the State of Gujarat and State Police, alleging harassment and vindictive approach against her. He further said that Teesta Similarly approached UNHRC, Geneva against Supreme Court appointed Special Investigation Team (SIT) despite matter being pending in the SC. The SC took a serious note of her conduct and reprimanded her for approaching UN body while the matter was under active consideration of the Apex Court. late on Teesta filed an affidavit and apologized.
Choksi also mentioned that the accused Teesta and Javed while withdrawing the Writ Petition from the Gujarat High Court clearly stated that they will approach the Jurisdictional Magistrate Court with the same and identical prayers however the accused in their 4 applications filed before this Court have totally changed the prayers against the High Court order.