Feb 17, 2015 00:05 IST
Human rights defender Teesta Setalvad at ongoing risk of detention
Ireland based pioneer organization for
protection of Human Rights defenders,Frontline issued Urgent Appeal
Human rights defender Teesta
Setalvad at ongoing risk of detention 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 Javad 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. Teesta Setalvad is a journalist and founder
of Citizens for Justice and Peace (CJP) and Sabrang Trust. CJP was established
in April 2002, in the immediate aftermath of the communal violence of the
Gujarat riots, to provide legal aid to the survivors of the riots. The
organisation has been instrumental in obtaining the 117 convictions against
perpetrators of the violence. Sabrang Trust was established after the 1992-1993
communal violence in Mumbai, and works to promote communal harmony. Teesta
Setalvad has been the victim of judicial harassment in the past, with several
of the cases having been brought by the same individual. 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. Front Line Defenders expresses its concern at
the risk of detention faced by Teesta Setalvad. Front Line defenders believes
that the accusations against the human rights defender are directly linked to
her peaceful and legitimate work in the defence of human rights, in particular
in combating impunity in the context of communal violence. Front Line Defenders
urges the authorities in India to:
1. Ensure that Teesta Setalvad and
Javad Anand are guaranteed their right to a fair trial, as Front Line believes
that they are being investigated solely as a result of their legitimate and
peaceful work in the defence of human rights;
2. 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.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.