Judicial Harassment of Teesta Setalvad
On 31 December 2016, the Central Bureau of Investigation (CBI) has filed a charge sheet to the Mumbai special court against human rights defenders Ms Teesta Setalvad, Mr Javed Anand and their publishing company Sabrang Communications and Publishing Private Limited (SCPPL) for alleged violation of the Foreign Contribution Regulation Act (FCRA).
On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a notice to cancel the registration of Sabrang Trust under the Foreign Contributions Regulation Act (FCRA). This follows previous incidents of judicial harassment against Sabrang Trust and its founder, human rights defender Ms Teesta Setalvad.
On 11 August 2015, the Bombay High Court granted anticipatory bail to human rights defender Ms Teesta Setalvad and her husband Mr Javed Anand.
The Court rejected the arguments of the public prosecutor and ruled that the actions of Teesta Setalvad and her husband do not pose a threat to the sovereignty and integrity of the state, nor to its security, strategy or economic interest.
Teesta Setalvad is a journalist and founder of Sabrang Trust and Citizens for Justice and Peace (CJP). Sabrang Trust was established after the 1992-1993 communal violence in Mumbai, and works to promote conflict resolution and support peace building. CJP was established in April 2002, in the immediate aftermath of the communal violence during the Gujarat riots, to provide legal aid to the survivors of the riots, and has been instrumental in obtaining the 117 convictions against perpetrators of the violence, among which are politicians and government officials.
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- 6 January 2017 : Continuous judicial harassment against human rights defenders Teesta Setalvad and Javed Anand
- 21 June 2016 : Continued harassment of Sabrang Trust and its founder Teesta Setalvad
- 12 August 2015 : Anticipatory bail to Teesta Setalvad confirmed by High Court
- 16 July 2015 : Home and office of WHRD Teesta Setalvad raided
- 7 July 2015 : Travel ban imposed on human rights defender Teesta Setalvad
- 30 June 2015 : Continued harassment of human rights defender Teesta Setalvad
- 17 April 2015 : New judicial harassment of human rights defender Teesta Setalvad
- 16 February 2015 : Human rights defender Teesta Setalvad at ongoing risk of detention
On 31 December 2016, the Central Bureau of Investigation (CBI) has filed a charge sheet to the Mumbai special court against human rights defenders Ms Teesta Setalvad, Mr Javed Anand and their publishing company Sabrang Communications and Publishing Private Limited (SCPPL) for alleged violation of the Foreign Contribution Regulation Act (FCRA).
Teesta Setalvad is a journalist and founder of Sabrang Trust, Sabrang Communications and Publishing Private Limited (SCPPL) and Citizens for Justice and Peace (CJP). Sabrang Trust and Sabrang Communications and Publishing Private Limited (SCPPL) were established after the 1992-1993 communal violence in Mumbai, and work to promote conflict resolution and support peace building. CJP was established in April 2002, in the immediate aftermath of the communal violence during the Gujarat riots, to provide legal aid to the survivors of the riots, and has been instrumental in obtaining the 117 convictions against perpetrators of the violence.
On 31 December 2016, the Central Bureau of Investigation (CBI) has filed a charge sheet to the Mumbai special court against human rights defenders Teesta Setalvad, Javed Anand and SCPPL for criminal conspiracy under Section 120B of the Indian Penal Code, along with Foreign Contribution Regulation Act (FCRA). There were three key allegations, the first allegation was that Teesta Setalvad and Javed Anand, as columnists, were not eligible to accept foreign contributions in accordance with FCRA. The second allegation is that they did not seek prior permission from the Home Ministry for receiving the foreign contribution. The third allegation was that the company did not maintain an exclusive bank account for receipt of foreign contribution, as obligated under the FCRA. The Mumbai special court has issued summons to the human rights defenders to appear before court on 3 February 2017.
This is not the first case of judicial harassment on Teesta Setalvad and Javed Anand. On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a notice to cancel the Foreign Contributions Regulation Act (FCRA) registration of Sabrang Trust. According to Gujarat's Minister of State, Mr Rajnikant Patel, the state government contacted the Home Minister requesting the inquiry into the Setalvad's Sabrang Trust on the basis of their belief that foreign funds sent to her NGO, in particular by the US-based Ford Foundation, were misused in order “to create communal disharmony” within the state of Gujarat, and carrying out “anti-national propaganda” abroad.
Front Line Defenders expresses its concern at the continuous judicial harassment against Teesta Setalvad, Javed Anand as it believes this to be an attempt to intensify the harassment of the human rights defenders, and to repress their legitimate work in the defence of human rights.
On 16 June 2016, the Indian Ministry of Home Affairs (MHA) cancelled the registration of Sabrang Trust under the Foreign Contributions Regulation Act (FCRA). This follows previous incidents of judicial harassment against Sabrang Trust and its founder, human rights defender Ms Teesta Setalvad.
Teesta Setalvad is a journalist and the Founder of Sabrang Trust and Citizens for Justice and Peace (CJP). Sabrang Trust was established in 1992-1993 following communal violence in Mumbai. Teesta Setalvad runs the organisation alongside her husband and human rights defender Mr Javed Anand. The organisation publishes the monthly 'Communalism Combat' magazine campaigning against religious intolerance and communal violence. They also operate a secular education program in Mumbai. Both human rights defenders have been instrumental in bringing about over a hundred convictions in cases related to the 2002 Gujarat violence. The month-long outbreak of violence resulted in the killing, according to official estimates, of at least 1044 people, mostly Muslims, and the rape of women and girls. The activists have sought the prosecution of several Gujarat and central government officials and politicians, including the then-Chief Minister Narendra Modi, for their alleged complicity in the violence.
On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a final cancellation notice to Sabrang Trust. This means that the organisation is no longer be permitted to receive foreign funding. According to Gujarat's Minister of State, Mr Rajnikant Patel, the state government contacted the Home Minister requesting an inquiry into Sabrang Trust, on the basis of their belief that foreign funds had been sent to the organisation, including by the US-based Ford Foundation. The MHA found that the funds were misused in order “to create communal disharmony” in the state of Gujarat, and to spread “anti-national propaganda” abroad. The human rights defenders are currently in the process of submitting an appeal against these accusations.
This is not the first time that the registration of the organisation has been threatened. On 9 September 2015, Sabrang Trust received a suspension notice from the Foreign Contributions Regulation Act (FCRA), suspending their FCRA registration for 180 days. Registration under the FCRA is mandatory for NGOs in India that receive foreign funding. In 2015 the Indian government began to withdraw the registrations of human rights organisations under the FCRA, permanently cancelling a significant number of them. This was possible due to the vague wording of the act that left it open to abuse. The FCRA has, therefore, been used as a political tool to suppress dissent and harass human rights organisations critical of government views and actions.
This incident comes in the context of broader judicial proceedings against Teesta Setalvad and her spouse and human rights defender Mr Javed Anand, based on charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 11 August 2015, the Bombay High Court granted anticipatory bail to both human rights defenders, after the Indian MHA decided on 26 June 2015, that an investigation would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The investigation began in January 2014, and has resulted in the continuous harassment and systematic probes into the accounts of Sabrang Trust along with groundless accusations of non-cooperation. Furthermore, in July 2015, Teesta Setalvad had a travel ban imposed against her and her home and office were raided by the CBI.
Earlier this month on 1 June 2016, another human rights organisation, Lawyers Collective, had its registration suspended for six months by the Ministry of Home Affairs (MHA) of India under the Foreign Contribution Regulation Act (FCRA) accusing it and its founders, Ms Indira Jaising and Mr Anand Grover, of violating FCRA regulations.
Front Line Defenders expresses its concern for the pattern of harassment against such organisations since 2015, most recently for the cancellation of the registration of Sabrang Trust and the continued harassment against its founder Teesta Setalvad and her husband Javed Anand, as it believes these incidents to be an attempt to repress their legitimate work in the defence of human rights.
Front Line Defenders urges the authorities in India to:
1. Immediately reverse the cancellation of the registration of Sabrang Trust and cease all harassment of the organisation as it is believed that it has been targeted solely as a result of its legitimate human rights activities;
2. Immediately drop all charges against Teesta Setalvad and Javed Anand and cease all further harassment of Sabrang Trust and its founders;
3. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 11 August 2015, the Bombay High Court granted anticipatory bail to human rights defender Ms Teesta Setalvad and her husband Mr Javed Anand.
The Court rejected the arguments of the public prosecutor and ruled that the actions of Teesta Setalvad and her husband do not pose a threat to the sovereignty and integrity of the state, nor to its security, strategy or economic interest.
The court ruling to allow for anticipatory bail stipulates that, in the event of their arrest, they should be released on a bail of Rs 20,000 (approximately 280 EUR) each and sureties of the same amount. The court further asked the couple to make themselves available to the investigating agency and to provide details of any temporary addresses if they leave Mumbai. If they wish to leave India, they must first seek permission from the Court. On 24 July 2015, the Bombay High Court had granted Teesta Setalvad anticipatory bail for a period of two weeks. Yesterday's ruling makes the anticipatory bail order permanent.
The judicial proceedings against Teesta Setalvad and her spouse are based on spurious charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 26 June 2015, the Indian Ministry of Home Affairs decided that the investigation against Teesta Setalvad and her husband would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The investigation began in January 2014, and has resulted in continuous harassment, raids of Setalvad's office and private premises and travel ban.
On 14 July 2015, officers of the Central Bureau of Investigation raided the house and the office of human rights defender Ms Teesta Setalvad.
This latest action is another example of continuous harassment against the human rights defender in the context of judicial proceedings aiming to repress her legitimate work in the defence of human rights.
On 14 July 2015, officers of the Central Bureau of Investigation raided Setalvad's house and office. The raid, which was carried out without any warning, lasted for approximately 23 hours and put the human rights defender under immense psychological pressure.
On 7 July 2015, the Central Bureau of Investigation (CBI) registered a First Information Report against Setalvad and her husband, based on alleged violations of the Foreign Contribution Regulation Act (FCRA) and the Indian Penal Code (IPC). CBI, which usually handles most serious crimes, received the case for investigation from the Indian Ministry of Home Affairs (MHA) on 26 June 2015. Furthermore, on 29 June 2015, a travel ban was imposed on Ms Setalvad.
These actions of harassment come in the context of broader judicial proceedings against Teesta Setalvad and her spouse, based on spurious charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 26 June 2015, the Indian Ministry of Home Affairs decided that the investigation against Teesta Setalvad and her husband would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The investigation began in January 2014, and has resulted in continuous harassment and systematic probes into the accounts of Setalvad's NGO and groundless accusations of non-cooperation. Furthermore, the bank accounts of Setalvad’s Sabrang Communication and Publishing Private Limited (SCPPL) have been frozen, and the state investigators have directed the bank authorities not to allow further credit or withdrawal of foreign contributions from the accounts without its permission.
On 29 June 2015, a travel ban was imposed on human rights defender Ms Teesta Setalvad one week before the Supreme Court proceedings on granting her bail.
On 29 June 2015, Teesta Setalvad was refused permission to travel by an order of the Sessions Court. The human rights defender was invited to an international seminar in Brazil and applied for permission to travel, as her passport has been in the custody of the local Courts since October 2014 due to the pending charges against her. Previously, on 2 May 2015 the Court granted Teesta Setalvad permissions to travel to South Korea and Indonesia.
The human rights defender submitted an appeal against the travel ban before the Gujarat High Court. The hearing on this matter is expected to take place on 7 or 8 July 2015.
The travel ban was imposed on the human rights defender one week before the upcoming hearing on her case before the Supreme Court of India, which puts additional pressure on Teesta Setalvad as she attempts to continue her legitimate human rights work. On 7 July the Court will decide about the extension of Setalvad's bail, as she is facing charges of forgery and criminal breach of trust.
The harassment comes in the context of broader judicial proceedings against Teesta Setalvad and her spouse, based on charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 26 June 2015, the Indian Ministry of Home Affairs decided that the investigation against Teesta Setalvad and her husband would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The investigation began in January 2014, and have resulted in continuous harassment and systematic probes into the accounts of Setalvad's NGO and groundless accusations of non-cooperation. Furthermore, the bank accounts of Setalvad’s Sabrang Communication and Publishing Private Limited (SCPPL) have been frozen, and the state investigators have directed the bank authorities not to allow further credit or withdrawal of foreign contributions from the accounts without its permission.
On 26 June 2015, the Indian Ministry of Home Affairs (MHA) decided to refer human rights defenders Ms Teesta Setalvad and her husband, Mr Javed Anand, to the Central Bureau of Investigation (CBI) for investigation.
This latest action increases the pressure on the human rights defender as she attempts to continue her legitimate human rights work. The series of investigations against Setalvad, which appear to be politically motivated, began in January 2014, and have resulted in continuous harassment and systematic probes into the accounts of Setalvad's NGO and groundless accusations of non-cooperation.
On 26 June 2015, the Indian Ministry of Home Affairs decided that the investigation against Teesta Setalvad and her husband would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The CBI is responsible for the investigation of serious crimes in India. The decision grants the state bureau the power to probe into foreign funds received by Setalvad's NGO without registration or prior permission as established under the Foreign Contribution Regulation Act 2010. This decision was made by the Ministry of Home Affairs without any judicial approval and despite ongoing proceedings before the Supreme Court concerning allegations of forgery and criminal breach of trust against the human rights defender, the next hearing for which is scheduled for 7 July 2015.
Since the commencement of the investigations into Teesta Setalvad, her husband and her organisations in January 2014 the bank accounts of Setalvad’s Sabrang Communication and Publishing Private Limited (SCPPL) have been frozen, and the state investigators have directed the bank authorities not to allow further credit or withdrawal of foreign contributions from the accounts without its permission. Teesta Setalvad has been continuously accused of non-cooperation with the investigation, although she has repeatedly expressed her willingness to fully cooperate, and supported the inspection team during the detailed investigation into the records of both the CJP and Sabrang Trust, which took place between 6-8 April 2015.
The harassment comes in the context of broader judicial proceedings against Teesta Setalvad and her spouse, based on charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots.
On 15 April 2015, human rights defender Ms Teesta Setalvad released a statement detailing her full co-operation with an investigation launched by Foreign Contributions Regulation Act (FCRA) Unit after members of the Gujarat Government wrote to the Minister of Home Affairs Mr Rajnath Singh, demanding further probes into the accounts of her NGO Sabrang Trust.
According to Gujarat's Minister of State, Mr Rajnikant Patel, the state government contacted the Home Minister requesting the inquiry into the Setalvad's Sabrang Trust on the basis of their belief that foreign funds sent to her NGO, in particular by the US-based Ford Foundation, were misused in order “to create communal disharmony” within the state of Gujarat, and carrying out “anti-national propaganda” abroad. Following the letter from the Gujarat Government to the Home Minister, senior officers from the FCRA monitoring unit visited the registered offices of the Sabrang Trust, along with those of Citizens for Justice and Peace. With the full co-operation of Teesta Setalvad and her staff, the inspection team carried out a detailed investigation into the records of both NGOs from 6-8 April 2015, during which hundreds of copies of original accounts and records were provided upon request to the investigation unit.
The intensified investigation into Teesta Setalvad and the work of her NGOs comes in the build up to her anticipatory bail plea, which shall be heard by a 3 member bench of the Supreme Court on 21 April 2015, in relation to legal proceedings pending against her and her spouse, Mr Javed Anand, based on allegations of embezzling funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots.
On 13 February 2015, the Indian Supreme Court ordered a stay on the arrest of human rights defender Ms Teesta Setalvad and her spouse, Mr Javed Anand, until 19 February 2015. The human rights defender, her spouse and three other individuals are being investigated for allegedly embezzling funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots.
The Supreme Court postponed until 19 February 2015 the hearing of the appeal against the decision of the High Court of Gujarat on 12 February 2015 to deny the human rights defender anticipatory bail. The High Court stated that it was “in public interest” and “in the interest of justice” that Teesta Setalvad be held in custody during the investigation, as she had failed to cooperate with the police in its investigation. The human rights defender is under investigation for charges of fraud and breach of trust and criminal conspiracy under the Income Tax Act, and the hearings on the question of anticipatory bail have been ongoing since January 2014. Teesta Setalvad remains at liberty, and denies the accusations against her, stating moreover that she has fully cooperated with the police investigation.
The charges were originally brought against the human rights defender in March 2013 in a complaint by a private individual. Teesta Setalvad reportedly provided the information requested by the Ahmedabad Police's Crime Branch in May 2013, and the police took no further action until it filed a First Information Report (FIR) against her and the four other individuals in January 2014.
The initial complaint was made against the backdrop of hearings between April and May 2013 of a case in which Teesta Setalvad was supporting the attempt of a victim of the communal violence to bring charges against Prime Minister Narendra Modi, formerly the Gujarat Chief Minister, and 59 others (including senior officials of the Crime Branch Ahmedabad and Ahmedabad police) for their alleged involvement in the 2002 riots. The Magistrate rejected the case on 26 December 2013. Allegedly, eight days later, as the CJP prepared to appeal that decision, the FIR was filed against Teesta Setalvad and the other persons.
