SC refuses to interfere with anticipatory bail granted to Teesta Setalvad, her husband in embezzlement case

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

New Delhi: The Supreme Court Wednesday declined to interfere with a 2019 Gujarat High Court order, granting anticipatory bail to activist Teesta Setalvad and her husband Javed Anand in a case of embezzlement of funds. The apex court also directed the couple to cooperate with the investigating agency in the case.

A bench led by Justice Sanjay Kishan Kaul and comprising Justices Sudhanshu Dhulia, and Prashant Kumar Mishra, was hearing a batch of pleas filed by Setalvad, her husband, and also by the Gujarat police and the CBI arising out of FIRs in connection with allegations of embezzlement of funds. Justice Kaul queried additional solicitor general (ASG) S V Raju, representing the Gujarat police and the CBI, about what survives in this matter. Advocate Swati Ghildiyal also represented the Gujarat government.

Raju emphasized non-cooperation by the couple and added that protection is continuing, but it's not that such protection will be enjoyed without any fetters. The bench queried, now what has happened? What is the purpose that this came up before us now? What has happened in the main case?

In a separate matter, the bench noted that a charge sheet was filed in 2016 and the bail was regularized in 2017, therefore nothing survives in the matter and the petition is disposed of. Disposing of another matter, the bench said special leave petitions were filed challenging the grant of bail on certain terms and conditions and a considerable passage of time has already elapsed.

“On our query, we are informed that even the chargesheet has not been filed. ASG submits that there is an element of lack of cooperation on the part of the respondent and that is why the chargesheet has not been filed. Be that as it may, all that we would like to say at this stage is, that respondents (Setalvad and her husband) will cooperate with the investigation as and when they are required to”, said the bench.

Senior advocate Kapil Sibal and advocate Aparna Bhat represented Setalvad and her husband before the apex court. Sibal urged the apex court to affirm the anticipatory bail and pointed out that the Gujarat police have also moved the apex court against anticipatory bail. “Interim order dated February 12, 2015, shall continue.....for the benefit of the appellant. The appeal stands disposed of ”, said the bench.

The apex court also disposed of a plea by Gujarat police challenging the grant of anticipatory bail. "Chargesheet has not yet been filed. ASG submits that same is on account of non-cooperation on the part of respondents. Be that as it may, the appropriate order to be passed would be to direct the respondents to continue to cooperate with the investigation. Order already granted is made absolute”, said the bench.

According to an FIR, the NGO, Sabrang Trust, which Setalvad and Javed Anand run, had received Rs 1.4 crore funds from the Union Ministry of Human Resources Development for the trust's 'Khoj project' for education.

It was alleged that the grant, which was received under the Sarva Shiksha Abhiyan was transferred to the personal bank accounts of the activists and was used for personal and political purposes as well as on paying witnesses in 2002 Gujarat riots cases to make false depositions. The FIR was lodged by Setalvad's former close associate, Raees Khan Pathan.