In a major setback to social activist Teesta Setalvad, Ahmedabad Metropolitan Magistrate on Friday dismissed all four applications seeking for de-freezing her personal accounts as well as those of her two NGOs.
Teesta had filed four separate applications before the Metropolitan Magistrate Court No-11 for de-freezing of her personal accounts, her two NGOs - Citizen for Justice &Peace and Sabrang Trust as well as her husband Javed Anand's personal accounts.
Hearing was conducted on Wednesday. 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 later on, she had withdrawn her petition on September 29, 2014.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. IO not only highlighted how Teesta has concealed material facts from the Supreme Court but also lied while 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 field with the charity commissioner, Mumbai along with the auditor's report every year," he said adding that in fact 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 the CJP.
"Similarly, he filed an affidavit in the office of the charity commissioner, for condonation of 5 years delay in submitting audited reports of the 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 the National Human Rights Commission (NHRC), New Delhi against the State of Gujarat and the State Police, alleging harassment and vindictive approach against her. He further said that Teesta approached UNHRC, Geneva against Supreme Court appointed Special Investigation Team (SIT) despite the matter being pending in the SC.