The agency has come out with several grounds to challenge the August 11 order of the Bombay High Court granting anticipatory bail to Setalvad and her husband Javed <g data-gr-id="31">Anand,</g> after it was denied by the sessions court.
CBI has sought cancellation of their anticipatory bail claiming that the high court had erred in giving relief after “prima facie” finding that Foreign Contribution Regulation Act (FCRA) provisions were violated, as their company, Sabrang Communication and Publishing Pvt Ltd (<g data-gr-id="29">SCPPL</g>), had received Rs 1.8 crore from US-based Ford Foundation without mandatory approval from the Centre.
While the couple has denied all charges saying they have been victimised for taking up the cause of riots victims, the agency said after ‘prima facie’ holding that there was misuse of funds they had received from Ford Foundation for which they were “undoubtedly answerable”, the high court ought not have granted anticipatory bail by using its extraordinary discretionary powers.
The CBI said the high court ought to have considered that it was not a fit case for granting anticipatory bail to the couple as the alleged offence against them “can have a direct nexus with activity detrimental to the national interest, communal harmony, and the same cannot be unearthed by collecting the bank accounts or from the agreements alone”.
“Interrogation of the respondents is absolutely required in such a situation and, therefore, the order of the high court harm the investigation to a large extent and impede the detection of the ramifications of the crime and the conspiracy involved in it,” the CBI’s petition said while assailing the high court verdict. The high court had denied CBI the custodial interrogation of the couple saying, “prima facie this court holds that there has been <g data-gr-id="37">violation</g> under the FCRA. But where is the threat to national security and public interest?”
CBI also alleged that they used to come to the probe office with <g data-gr-id="36">large number</g> of people standing outside with placards chanting slogans to “pressurise” the agency. While the high court had directed Setalvad and her husband to cooperate with the investigation and not instigate anyone to protest against the CBI, the agency alleged that the couple did not cooperate with the probe and refused to share details of transactions.
The CBI had on July 8 registered a case against Setalvad and Anand alleging that her firm <g data-gr-id="21">SCPPL</g> had received around $ 2.90 lakh (nearly Rs 1.8 crore) in foreign donations, violating FCRA provisions.
According to the agency, <g data-gr-id="26">SCPPL</g> was not registered under FCRA for collecting money from abroad and the amount of $ 2.90 lakh was, therefore, received in violation of the Act as the organisation needed to seek prior approval from the Union Home Ministry.