Summary Response to False Charges (Sabrang Communications)
Summary
Response to False Charges (Sabrang Communications)
1993 Sabrang Communications registered
in 1993
1993-2000 A series of human rights-related
activities were successfully carried out by us and earned us several accolades.
(See the Srikrishna Commission Report at http://www.sabrang.com/srikrish/sri%20main.htm
and
www.sabrang.com, which also contains the
links to archival issues of Communalism
Combat.)
December
2000 Communalism Combat
was honoured with the Prince Claus International Award for Exceptional
Initiative in the field of Journalism and Development. Believing in the law, we
applied for permission to receive the award amount, under Section 31 of the Act
(exempting us from operation of Section 4 of the Act), and were duly granted
that permission.
April 10,
2001 Communalism Combat receives
permission from the MHA (FCRA division) to deposit and use the Award Amount. (We
have a copy of this permission).
April 2003
& 2004 Teesta Setalvad, one of the Directors of Sabrang
Communications, was co-recipient of the Nuremberg International Human Rights Award,
at a time when the NDA government was in power in Delhi. Teesta Setalvad also
received the Prakash Kaphley Award in 2003.UN Secretary General Kofi A. Annan
sent a special Congratulatory Message to Teesta Setalvad and her co-recipient
of the Nuremberg International Human Rights Award on 14.9.2003.
We did not accept the award amounts without due
process.
We applied
for due permission from the Home Ministry and after that, received the award amounts
which were then deposited into our bank account. (We have copies of both
permissions). In fact, Mr
Soli Sorabjee, the then Attorney General of India, had even written us a letter
of congratulation on this achievement! Is this the
conduct of persons who do not believe in the laws of this land?
December
26, 2013
The
Magistrate rejects the Zakia Jafri Protest Petition after several months of
arguments.
January
2014 A Malafide FIR is registered against Teesta Setalvad,
Javed Anand, Tanvir Jafri (son of Zakia Jafri who is fighting the case against
the Gujarat state for criminal culpability in the violence of 2002). Six bank accounts
(personal and organisational) were frozen. A petition to de-freeze these
accounts was dismissed by the Bombay High Court on grounds of jurisdiction. Subsequently,
the Magistrate in Gujarat dismissed the de-freezing petition on November 28,
2014. De-freezing applications were then filed before the Gujarat High Court
and will come up for hearing on 7.7.2015.
January-March 2014 Transit Bail was granted by the Bombay High Court,
extended by the Supreme Court and finally ABA (anticipatory bail) was refused
by the Sessions Court.
March 15,
2014 In
the midst of all this pressure, Teesta Setalvad and the entire CJP Team files
the Criminal Revision Application (CRA) 205/2014 against the Magistrate’s Order
rejecting the Protest Petition.
February-March 2014 The Gujarat High Court rejects Bail to
Naroda Patiya chief conspirator
and convict, Maya Kodnani.
April 2014-November
2014 The Gujarat High Court extends protection against arrest to Teesta Setalvad, Javed
Anand and three others.
July 30, 2014 The
Gujarat High Court grants bail to Naroda Patiya chief conspirator and convict,
Maya Kodnani.
August-September
2014 Survivors
backed by CJP file an SLP challenging the Bail granted to Kodnani as also the
commutation of sentence. The Supreme Court of India rejects the SLP but
informally gets the Gujarat High Court to amend its order on the commutation of
sentence (27.9.2014).
August
2014 Teesta Setalvad faces two Criminal Investigations after a
hasty and vindictive Crime Branch (Ahmedabad) and Bhavnagar police lodge FIRs
against her for hate speech for a tweet that she removed and apologised for
(22.8.2014). She appears before the Crime Branch that serves her a notice
within 8 days of the tweet and records a statement for over 6 hours! The Crime
Branch headed by the same officers who have been held accountable in the
various trials and stand to be held accountable in the Zakia Jafri Case try to
block her Anticipatory Bail and thereafter viciously oppose her plans for
trial. The Ahmedabad Sessions Court grants her Bail (September 2014) and allows
her to travel abroad. She then deposits her passport in October 2014 before the
Gujarat lower Court after approaching the High Court for a modification of the
bail conditions that required her to deposit the document before the same Crime
Branch that bears such a huge animus against her. In November 2014, the Crime
Branch tries to seize Teesta Setalvad’s laptop when there is no need for that
for the investigation. In April 2015, Setalvad applies for permission to travel
abroad and is granted permission on 2.5.2015. Again, when she applies for
extension of date for return of the passport, this is turned down on 29.6.2015.
She has now challenged that Order and requested a Modification and also moved
the Gujarat High Court for Quashing of the malafide FIR. Earlier the Gujarat HC
had stayed the first FIR lodged in Bhavnagar on the same issue.
November
2014 The
Supreme Court of India refuses to lift a stay on the Gulberg Trial Special
Court order despite moves by the SIT to get the stay order lifted. Gulberg
trial Survivors have been assisted by the CJP team. CJP independently makes
periodic representations on both the Gulberg trial and Naroda Gaam trials
before the Supreme Court of India (advocates Aparna Bhat, Kamini Jaiswal,
Sanjay Parikh).
December
2014 The
Gujarat High Court continues protection to Teesta Setalvad and others, and
directs all five accused to appear before the IO. All five accused appear
before the Crime Branch from December 15, 2014 onwards and again in January
2015.
January
2015 Again, all five accused appear before the Crime Branch and
show full cooperation.
February
12, 2015 The Gujarat High Court denies
ABA to Teesta Setalvad and Javed Anand but grants it to the other three
accused. The High Court does not protect the two human rights defenders (HRDs)
for even a day (it does not stay its order allowing appeal to the Supreme
Court). Worse, in its 64 page judgement, it relies on an affidavit of the IO of
the Crime Branch dated June 2014, completely disregarding the 5,000 pages of
evidence submitted in our defence that disproves all false allegations of
misusing trust funds for personal ends. Until now 25,000 pages of documentary
evidence has been provided from our accounts. No charge sheet has yet been
filed.
February
12, 2015
February
13, 2015
February
19, 2015 The Supreme Court extends
protection against arrest to Teesta Setalvad and Javed Anand. This protection
continues till date. (Subsequent Orders passed by the Supreme Court on March
19, 2015, April 21, 2015 and July 6, 2015).
March 10,
2015 Defeated in its crass objective of custodial arrest of
both HRDs, the Gujarat Government’s Home department writes to the MHA (FCRA)
alleging violations by all three entities, Citizens for Justice and Peace
(CJP), Sabrang Trust, and Sabrang Communications. This is the motivation that triggered
off the round of MHA Notices and Inspections. This letter from the GOG Home Department to the MHA is even today
available on the deshgujarat website and was selectively leaked to the media
(completely one-sided coverage by TV channels like Times Now) after the MHA Team had come and completed
its Inspections in early April 2015.
April 6-11,
2015 Inspection of Citizens for Justice
and Peace (CJP) and Sabrang Trust accounts by the FCRA Team
April 9
2015 The Supreme Court of
India stays the Naroda Patiya appeal of Kodnani that had been singled out for
hearing before Justice Tripathi due for retirement in May 2015. Now this appeal
has been listed before Justice KS Jhaveri in July 2015 along with all appeals.
There is a clear desire to get these appeals disposed of summarily and
favourably. CJP is the only group still assisting the Survivors contesting
these summary and arbitrary moves in the Courts.
April 10,
2015 During the Inspection, a further
query/notice regarding Sabrang Communications is given by hand to us.
April 27,
2015 A Written Response to the
Query/Notice is sent.
June 3,
2015 Inspection Notice for Sabrang Communications is received
by Fax.
June 9,
2015 A List of Documents is Supplied
to the Inspection Team (complete set).
June 9,
2015 Inspection Memo by Inspection
Team (while the Inspection Team was inspecting Sabrang Communications accounts).
June 17,
2015 A
Response to the Inspection Memo is given by us.
June 18,
2015 Further
Communication by us to the FCRA Team.
June 22,
2015 Further
Details with Response to the Inspection Memo is sent by us via Speed Post.
June 26,
2015 Newspaper
Reports state that the MHA has handed over the Sabrang Communications matter to
the CBI, alleging violations.
June 30,
2015 We
pro-actively write to the CBI (several departments) providing a detailed
background of the matter including the detailed List of documents provided to
the MHA Inspection Team. We offer full cooperation and request some notice prior
to the inquiry/investigation, if any.
July 8
2015 A
Newspaper Report states that the CBI has registered an FIR. Confirmation that
the FIR has indeed been lodged under Sections 120b read with Sections 35, 37 of
IPC and Section 3, 11 and 19 of the FCRA Act of 2010 (criminal conspiracy and
receiving funds illegally).
July 9, 2015 The
Gujarat High Court to hear Teesta Setalvad’s application for Modification of the
Trial Court Order on Conditions of Bail (in the twitter case) and also for
Quashing of the malafide second FIR against Teesta Setalvad.
July 13,
2015 The
Maya Kodnani and other appeals of Naroda Patiya to start being heard in the Gujarat
High Court. The Sardarpura Accused are also applying for bail in the Gujarat
HC. While Babu Bajrangi was refused Bail by Justice Pal of the Gujarat HC,
Kiran Korani, aide to Kodnani, was granted temporary bail recently.
July 27
2015 Final Hearing in the Zakia
Jafri Criminal Revision Application to start. She seeks to make top-level
politicians, including the then Gujarat chief minister, and top-level
policemen, including the present Commissioner of Police, Shivanand Jha, former
joint CP, Crime Branch, AK Sharma (now in the CBI !!), for criminal and
administrative culpability for their role in 2002. De-Freezing
petitions (of bank accounts) of both Trusts (CJP and Sabrang) and Teesta and
Javed, will also be heard on 27.7.2015.
So apart
from the 120 Convictions to life imprisonment that Teesta Setalvad and CJP have
been responsible for (due to their intervention in ensuring SC monitoring,
Witness Protection and actual legal aid to the Survivors), it is the fact that
CJP has not given up and continues, despite harassment and victimization, in
its aid that is a real thorn in the flesh to the powers that be in Gandhinagar
and Gujarat.
The illegal
and malafide strategy of freezing our accounts has been done to cripple us
financially and prevent this continuing work. That we have still managed to
sustain it, and resist attempts to reduce to naught the successes so far gained
in the justice struggle for 2002, is because of the indomitable courage and
hard work of our team in Mumbai and Ahmedabad, the unflinching vote of
confidence and support of our Trustees (both CJP and Sabrang) and the vast band
of domestic donors who have continued to chip in so generously to enable us to
continue..
It will be
a battle to the finish...
No
communication has so far been received by us from the CBI.
MHA
Stance:
MHA
first in its notice had raised basically three important questions about
your company. The first is that SCPPL being a private listed company is not
entrusted to receive foreign contributions, and by doing so without prior
permission, Sabrang Communications, you, have violated section 11 of FCRA
regulations. The second that the company didn't keep any records of the foreign
funding it received. Thirdly, that the company has been illegally lobbying with
political parties. It has, besides, raised questions on the company's
expenditures.
The
government says your company Sabrang communications has committed FCRA
violations and plans to cancel FCRA registration of the NGOs. The accusation is
that Sabrang Communication accepted a donation of $290,000 and $131,000 from
Ford Foundation in violation of FCRA and without getting prior approval from
the union home ministry.
Our argument/defence: It was at
the instance of the Gujarat government that the MHA began its persistent
inspections etc and now by handing over the Inquiry to the CBI, the
investigation is directly under the Prime Minister’s Office (PMO).
We have
broken no laws.
One: Section 3 of FCRA, 2010 bars
certain 'persons' (political parties and its office bearers, government
servants and those associated with registered newspapers and those involved in
the production and broadcast of news) from receiving foreign donations.
However,
the very next section, Section 4 which is subtitled 'Persons to whom
section 3 shall not apply' states: "Nothing contained in section 3
shall apply to the acceptance, by any person specified 3 in that section, of
any foreign contribution where such contribution is accepted by him, subject to
the provisions of section 10- (a) by way of salary, wages or other remuneration
due to him or to any group of persons working under him, from any foreign
source or by way of payment in the ordinary course of business transacted in
India by such foreign source;"
Sabrang
Communications and Publishing Pvt. Ltd. which published the monthly
'Communalism Combat' signed a Consultancy Agreement with Ford Foundation
in 2004 and 2006 "to address the issues of caste and communalism"
through a clearly defined set of activities which had nothing
whatsoever to
do with Communalism Combat or remuneration to Javed Anand or Teesta
Setalvad towards discharging editorial/managerial functions.
The Consultancy
was signed by Sabrang Communications only after advice from eminent
legal counsel that such an agreement was covered under the exclusion stipulated
under Section 4 of the Act and therefore the consultancy fees (not grant or
donation) received would not be in violation of FCRA 2010. Ford Foundation in
fact deducted TDS with every instalment of consultancy fees it paid to Sabrang
Communications. The activities undertaken and the expenses incurred were in
accordance with the agreement. Activities and Financial Reports were submitted
annual to the satisfaction of Ford Foundation.
Two, Sabrang has kept records and
provided copies of the same to the FCRA during the inspection visit of the FCRA
team in Mumbai on June 9 and 10, 2015, Additional documents as required were
also posted to the FCRA department.
Three: Deliberately or otherwise, the FCRA
team is confusing the well- known lobbying that is part of the political
process in the USA with advocacy initiatives whereby NGOs, civil
society activists engage with the government of the day to draw their attention
towards the legitimate issues of women, children, dalits, religious or
linguistic or sexual minorities, differently-abled persons etc. It is
ridiculous to equate such advocacy initiatives with lobbying.
Sabrang
Communications therefore denies all the allegations.
Four: While believing in the rule of law and
due process, we believe that the State has innumerable devices at its disposal
to simply throttle dissent, intimidate and through these crass techniques try
to ensure coercive compliance. An FIR, in our view malicious and motivated, was
lodged over 18 months ago at the Crime Branch, Ahmedabad that simply speaks of
funds collected for the Gulberg Memorial. This amounts to a princely sum of Rs.
4.6 lakhs still lying unutilised due to our inability to take this dream
project forward. To date, despite over 24,000 pages of documentary evidence
being filed, there is no charge sheet. All that the state of Gujarat appears to
be interested in is humiliation and vilification in the public domain and
custodial detention (a euphemism for torture).
The MHA
began with examining the records of Citizens for Justice and Peace (CJP) and
Sabrang Trust, now they are training their guns on Sabrang Communications. Ours
is a typical, classic case of the State and its organs being used as an outlet
for motivated vendetta of the vilest kind. Now that our Bail Application is due
to be heard in July 2015, all sorts of diversionary tactics are being used. It
would seem that this government has a clear-cut agenda which it is following.
See also:
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The psychology of hate: How we deny human beings their humanity
Travesty of justice - Bombay High court refuses bail to artists of Kabir Kala Manch in jail for two years without trial
Travesty of justice - Bombay High court refuses bail to artists of Kabir Kala Manch in jail for two years without trial
