Police file rejoinder affidavit; court may pronounce order on bail plea today
At a time when Ahmedabad sessions court is expected to give its verdict on social activist Teesta Setalvad’s bail application in criminal case against her on Tuesday the Ahmedabad Crime Branch (ACB), in its rejoinder affidavit on Monday, submitted that the accused have never co-operated during the investigation and they started questioning on legitimacy of the queries by the police officials and refused to provide any document or answer.
Police said that the custodial interrogation of the accused had become even more important and imperative to examine the manner in which the funds (which belong to Public Trusts) had been transferred to the personal accounts and used for purely personal purposes.
Earlier in a joint affidavit filed by her, she admitted that the expenses incurred on wine and other luxury goods from the CJP accounts were of personal nature. Setalvad, who is Secretary of a Public Trust Citizen for Justice & Peace (CJP) stated in a joint affidavit with her husband Javed Anand that, “I submit that these expenses were incurred by me (from CJP accounts), Teesta Setalvad, and indeed they are of a personal nature.” She also claimed that on a month to month basis such expenses were to be reimbursed to her.
The rejoinder affidavit filed by ACP, Crime Branch, on Monday in the Court stated the same. “The accused (Teesta & others), thus admitted that expenses of such personal nature were made from the accounts of CJP, a public trust.”
“Since we live in the State of Maharashtra, and not Gujarat, there is nothing shocking about expenses on wine purchases, grocery etc,” said Setalvad in her affidavit. In response, the police stated that the issue is not about the nature of the expenses but the fact that these expenses were of a purely personal nature were serviced from the funds received for the rehabilitation and aid of the riot victims.
“Donations are sacrosanct and meant for charitable purposes. 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 have reimbursed the trust for such personal expenditure,” the police said.
The Crime Branch also informed the court that IDBI bank letter, dated March 7, 2014 revealed that as many as 51 cheques were issued towards the credit card payments from FCRA and SB accounts of CJP on behalf of Setalvad and Javed Anand. The cheques issued for the payment of credit card bills, from the accounts of CJP, were signed by both the accused, admitted the police while giving details of few cheques ranging from Rs40,000 to over Rs100,000, paid from the accounts of CJP, towards Credit Card bill payments.
Setalvad in her affidavit also claimed that three credit cards, used by her, were issued after expiry and one card was misplaced and in lieu of which a new card was issued by the Citi Bank. The ACB officials reproduced a letter of Citi Bank in the affidavit which clearly states that the Credit Card bearing no. 5520938031023006 was closed in September-2010 and Credit Card no 5520938045202125 was reissued. Similarly Credit Card no. 5520938045202125 was closed in June-2012 and Credit Card no 5498520510664506 was reissued, which is active till date. The bank has clearly mentioned that cards were closed and reissued, not expired, the police said while countering Setalvad’s claim.
Police has stated that they have neither submitted any copy of complaint for the loss of Credit Card nor copy of request letter to the Citi Bank for issuing a fresh Credit Card. The accused are loosely countering every allegation without any documentary evidence and “defence sought to be raised is false and unsubstantiated and an attempt to mislead the court,” said the police.
Setalvad 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 the project directors for rehabilitation purposes”. In response to that the police claimed that accused have not given any explanation as to how out of total Rs 1.33 crore received by Sabrang Trust as foreign donation, approximately 74% (Rs 98 lakh) were transferred in the accounts of the accused and their family and how with just 26% funds in hand, the projects were implemented.