SC directs Teesta, husband to cooperate with Gujarat Police

The Supreme Court on Wednesday directed activist Teesta Setalvad and her husband Javed Anand to cooperate with the Gujarat Police in probing the case filed against them over alleged misappropriation of funds while refusing to interfere with the anticipatory bail it had granted her.

A three-judge bench headed by Justice SK Kaul passed the order after Additional Solicitor General SV Raju submitted the two were not cooperating in the investigation.

“Charge sheet has not yet been filed. ASG submits that there is an element of lack of cooperation. Be that as it may, the respondents will cooperate with the investigation as and when required,” the bench, also comprising Justices Sudhanshu Dhulia and PK Mishra, said while disposing of a plea by the Gujarat government challenging the grant of anticipatory bail to Setalvad.

Senior advocate Kapil Sibal, appearing for Setalvad, opposed ASG’s submission and asserted the social activist was cooperating in the matter.

The top court also disposed of a plea by Setalvad seeking expunction of remarks made by the Gujarat High Court in its February 8, 2019 judgement while granting her anticipatory bail.

“It is trite to say that any observation made at the stage of bail can hardly have any influence on the trial of the matter. We are not required to say anything more,” the bench said and made her anticipatory bail absolute.

A case of alleged misappropriation of funds was registered by the crime branch of Ahmedabad Police on a complaint accusing Setalvad and Anand of “fraudulently” securing grants of Rs 1.4 crore from the union government through their NGO Sabrang Trust between 2008 and 2013.

According to Gujarat police, the funds had been ostensibly obtained to help the victims of the 2002 post-Godhra riots, but were misappropriated or used for other purposes.

The case was filed against Setalvad and Sabrang trustees by the crime branch on a complaint by her former close associate Raees Khan Pathan, who has alleged the grant was misused and material printed and distributed that could cause communal disharmony.