In a setback to social activist Teesta Setalvad, a sessions court in Ahmedabad on Tuesday rejected her anticipatory bail plea along with that of her husband Javed Anand and three others in a criminal case pertaining to embezzlement of fund from public trusts.
With the verdict from sessions court, Teesta is likely to be arrested by the Ahmedabad Crime Branch (ACB) officials. A case was registered against Teesta, Javed and three others following a complaint lodged by riot-hit Gulbarg Society member. According to the complaint, the accused allegedly embezzled funds they generated by claiming that Gulberg Society would be converted into a "Museum of Resistence". Despite fund to tune of Rs 1.5 crore was collected the museum was not built, said the complaint.
Though Setalvad, who is secretary of Citizen for Justice & Peace (CJP), a public trust, and her husband filed a joint affidavit on March 20, 2014 trying to justify their expenses of 'personal nature'. On Monday, the ACB officials filed the rejoinder affidavit saying that the accused have never co-operated during the investigation and they started questioning on legitimacy of the queries of the police officials and neither supply any document nor answered properly.
The police also argued that custodial interrogation of accused had become even more important and imperative to examine the manner in which the funds (belong to Public Trusts) had been transferred to the personal accounts and used for purely personal purposes.
"Donations are sacrosanct and meant for charitable purpose. Frittering away lakhs of rupees meant for charity cannot be taken lightly by any authority in law. It is noteworthy that not a single voucher or scrap of paper has been submitted by the accused along with the affidavit dated 20.03.2014, to substantiate the applicant that they reimbursed the trust for such personal expenditure," the police said.
Teesta and her husband in their joint affidavit claimed that the money received by them from Sabrang Trust was "on account of specific tasks, duties and responsibilities assigned to them as project directors of various projects". In response to that police claimed that accused have not given any explanation as to how out of total Rs 1.33 crores received by Sabrang Trust as foreign donation, approximately 74% i.e Rs 98 lakhs were transferred in the accounts of the accused and their family and how with just 26% funds in hand, the projects were implemented.
The Crime Branch also inform to the court that IDBI bank letter dated 7th March, 201 revealed that as many as 51 cheques were issued towards the credit card payments from FCRA and SB accounts of CJP for and behalf of Setalvad and Javed Anand. The cheques issued for the payment of Credit Cards bills, from the accounts of CJP, were signed by accused both the accused, admitted the Police while giving details of few cheques ranging from Rs 40,000 to over Rs 100,000, paid from the accounts of CJP, towards credit card bill payments.