In the much-talked about Gulbarg Society embezzlement case, the Ahmedabad Crime Branch submitted detailed affidavit last Tuesday in Gujarat High Court opposing anticipatory bail application of social activist Teesta Setalvad and her husband Javed Anand. The court has scheduled hearing on Setalvad’s bail application for Monday.
The Investigation Officer (IO) of the case, Assistant Commissioner of Police (ACP) KN Patel gave details of the false statements made by Teesta and her husband on oath before different courts including Gujarat High Court in the affidavit.
Patel mentioned that in her criminal writ petition filed in the Mumbai High Court in January this year for quashing of FIR as well as de-ceasing the accounts of her NGOs Sabrang Trust and Citizen for Justice & Peace (CJP), Teesta admitted, “As required under the Bombay Public Trust Act, 1950 the Accounts of Sabrang Trust and CJP are audited annually by Chartered Accountants and are field with the Charity Commissioner, Mumbai along with the Auditor’s Report every year.”
However, the investigation has revealed that from 2003-04 to 2009-10 (7 years) the audited reports of CJP were submitted in the office of the Charity Commissioner on 6th January 2012, claims the affidavit filed by the police adding that Javed Anand filed an affidavit on 5th January 2012 and assured the office that in future the accounts of their trust will be submitted on time.
The crime branch has pointed out that “It is pertinent to note that the petitioners in their additional affidavit in rejoinder dated 23.07.2014, have not even once mentioned that audited reports of CJP were also not submitted on time and that they have sought seven years condonation of delay from the Charity Commissioner in January 2012.”
Similarly the audited reports and statement of accounts of Sabrang Trust for the period 2003-04 to 2007-08 (5 years) were submitted only on 26.03.2014 in the office of the Charity Commissioner, that too, after the filing the present FIR. Javed Anand submitted an Affidavit dated 19.02.2014 to the Charity Commissioner, Mumbai, for condonation of this delay.
In the case of CJP, seven years delay in submitting the audited accounts was noticed by the Teesta and her husband in the year 2012 and accounts of seven years were filed simultaneously seeking condonation of delay in January 2012. 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 petitioners as “a communication gap between the Auditor and the Trustees” says Police. The Police has requested the court to take a note of series of mis-conduct and mis-representation to mislead the court to secure favourable orders by stating falsehoods.
The Crime Branch has also highlighted that despite matter being pending in the Gujarat High Court, she approached National Human Rights Commission (NHRC), New Delhi against State of Gujarat and State Police, alleging harassment and vindictive approach against her. NHRC demanded Action Taken Report (ATR) from the Chief Secretary which has been submitted. “Petitioners approaching NHRC despite anticipatory bail applications pending before the Court clearly establishes her lack of faith in this Court,” said the police.
The IO has also highlighted an another case where Teesta similarly approached UNHRC, Geneva against the 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. Setalvad in January 2011, filed an Additional Affidavit and assured the Supreme Court that she will never repeat such things in future.