Tushar santodh kshirsagar posts
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Dilip Banerjee OBSERVATIONS BY INTELLECTUALS & NGOs
A group of prominent intellectuals from India and abroad, including linguist Noam Chomsky, have issued a statement in solidarity with Setalvad and Anand, saying they are "shocked to see this persisting spirit of
Read more ... vendetta against an effort to enforce legal and moral accountability for … massacre in Gujarat".
Titled Politics of Vendetta Shall not Defeat the Cause of Justice, the statement was signed by Chomsky, historians Irfan Habib and Romila Thapar, economist Amiya Bagchi, Prabhat Patnaik, and Ashok Mitra, noted Sanskrit scholar Sheldon Pollock, film-maker Kumar Sahani and screenwriter Saeed Mirza, among others.
[http://www.hindustantimes.com/india-news/new-sc-bench-to-hear-teesta-setalvad-husband-s-bail-plea/article1-1318339.aspx]
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‘Facts twisted in an effort to malign her work’
Terming corruption charges against Teesta Setalvad baseless, civil society on Tuesday stood behind the social activist and her husband Javed Anand.
If BJP president Amit Shah, who faced grievous murder charges in the Sohrabuddin fake encounter case, could get the luxury of not having to appear before court, why were Ms. Setalvad and Mr. Anand being subjected to a “witch-hunt” over charges of financial corruption, activists in Mumbai asked.
“There is no doubt in my mind that the persecution is because of the work they have done in bringing the guilty to book. It is our duty to see that the witch-hunt doesn’t go on,” said noted documentary filmmaker Anand Patwardhan.
The activists, who included Tushar Gandhi, great grandson of Mahatma Gandhi said the state was sending the strong message that “if you stand up for rights, honesty or ethics, you will be persecuted.”
Mr. Gandhi said he faced a barrage of obscene response after he tweeted in her support
“Will the government ensure their safety? From the people who are in jail due to the efforts of Teesta and Anand? As we can see in Gujarat, the accused have been rewarded. How does the state ensure that it doesn’t fall prey to such strong-arm tactics?”
http://www.thehindu.com/news/national/teesta-setalvad-victim-of-witchhunt-say-activists/article6905938.ece
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"The court has not seen the papers where proof that the money collected for the museum continues to remain untouched is provided," said Chayanika Shah, member of the Hum Azaadiyon ke Hak Main, a platform formed to support Teesta and Anand.
Activist Sandhya Gokhale said: "If at all money is misused, they should have also be pulling up the charity commissioner and income tax officials among others."
Great grandson of Mahatma Gandhi Tushar Gandhi stated: "All this is just a signal for the rest that they should shut up. It is time the fourth estate strongly stood up to such things."
Patwardhan stated "In several cases where there have been convictions, it is because these two people were pursuing the cases. Now, the case of the Gulbarg Society massacre is likely to come up for hearing. The only reason this has been started is to harass them. There are far more serious charges like murder, and they are exempted from even attending the hearing,"
http://www.dnaindia.com/mumbai/report-fellow-activists-back-teesta-setalvad-javed-anand-say-fourth-estate-should-step-up-2062270
Senior lawyer and former additional solicitor general Indira Jaising said: “This is not a lesson for Teesta, this a lesson for us. In a government with such absolute brute majority in the Lok Sabha, the only weapon of dissent left to us is our own voices. It is not a crime to hold views contrary to that of the government…”
She added: “Why has the CBI not appealed against the discharge of Amit Shah while the state is pressing for custodial interrogation in a case of embezzlement where all the evidence is documentary and cannot be tampered with”.
Former journalist and member of National Integration Council John Dayal alleged that the state’s full might was being used to persecute Setalvad and Anand, raising serious questions about policing and the criminal justice system.
http://indianexpress.com/article/india/india-others/rights-activists-question-gujarats-insistence-on-arresting-teesta/
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Prashant Bhushan, said in a statement: "It has been brought to my notice that Mr Narendra Modi was an invitee of and recently attended the weddings of the children of Justices Mukhopadhyaya and Ramana, who are hearing the case of Teesta Setalvad.
"The allegation of Teesta in this case is that she is being hounded by Gujarat police since she had played a leading role in exposing the role of Modi in the Gujarat carnage of 2002 and is seeking accountability for it. In these circumstances the question has arisen whether it would be appropriate for these judges to hear this case."
Bhushan said the Supreme Court had laid down in 1987 that when a judge considers whether to recuse from a case, the correct principle is not to ask "Will I be biased" but to ask "Will the litigant have a reasonable apprehension of bias".
The code of conduct for judges says "justice must not merely be done but it must also be seen to be done". It further says that "a judge shall practise a degree of aloofness consistent with the dignity of his office" and that a judge shall not decide a matter in which a friend is concerned.
Bhushan said: "A consistent reading of this code requires that a judge should not socialise with politicians unless they are his close personal friends, and if so should not hear cases concerning them."
The lawyer further said: "A person in Teesta's position can reasonably apprehend that Modi must have been invited to the weddings of the judges' children because they are his personal friends and in which case, she can reasonably apprehend bias in this case."
The president of the Supreme Court Bar Association and senior lawyer Dushayant Dave said "It is the fundamental principle of the separation of powers that judges shall keep themselves away from socialising with the executive and legislature. Otherwise judges will start hobnobbing with every person and marriage functions will only be an excuse,"
http://www.telegraphindia.com/1150219/jsp/nation/story_4338.jsp#.VOV4xoeqqko
133 months ago

Dilip Banerjee New bench to hear bail plea today in Teesta Setalvad case
Written by Utkarsh Anand | New Delhi | Posted: February 19, 2015 12:33 am | Updated: February 19, 2015 9:27 am
A high-voltage drama is expected in the Supreme Court on Thursday when a new be
Read more ... nch will hear an appeal by social activist Teesta Setalvad and her husband, seeking protection from arrest in connection with a case of alleged financial fraud.
Less than a week after a bench of Justices S J Mukhopadhaya and N V Ramanna dubbed the allegations against Teesta as “grave”, the bail plea has now been listed before a bench of Justices Dipak Misra and Adarsh Kumar Goel.
A case usually gets transferred to a different bench when a judge or the judges on the bench recuse or when there is a specific directive by the Chief Justice of India on the administrative side to shift the matter.
While as many as five applications were filed on Wednesday by co-trustees of NGO Citizens for Justice and Peace (CJP) in support of Setalvad, Gujarat Police has adduced various reports by its investigation officer to show alleged fraud.
Raghunandan Maluste, I M Kadri, Cyrus Guzdar and Anil Dharkar moved separate applications as co-trustees of the NGO, and sought to rebut a finding by the Gujarat High Court that Teesta and her husband Javed Anand were in charge of all financial transactions relating to the NGO.
Teesta and Javed were compelled to move the Supreme Court after the High Court rejected their anticipatory bail plea, leaving the police at liberty to arrest them. Advocate Kamini Jaiswal is likely to appear for Maluste while former Additional Solicitor General Indira Jaising is expected to appear for another trustee. Senior advocate Kapil Sibal is representing Teesta and Javed.
“The Honb’le High Court has given a finding that the petitioners are running the show and other trustees had no role to play in the trust. This finding, it is most respectfully submitted, is completely erroneous and not based on record or evidence. It is submitted that the trustees are very much involved in the work being carried out by the trust and all major decisions are taken collectively and each of the trustee’s opinion/consent is taken before any work,” stated one of the applications.
All the four applications by the trustees have maintained that this “campaign of vendetta has been undertaken” to “cripple and break the struggle for justice” by the NGO, which has been instrumental in bringing perpetrators of the 2002 Gujarat riots to book.
The fifth application has been filed by the Ashoka Innovators for the Public (India), which is a charitable trust. The trust has claimed that Teesta was selected for a fellowship by them in view of her work and she was given a total stipend of Rs 7.2 lakh since 2003. It contended that although this money was meant for Teesta’s personal expenditure and not for the NGO, the investigation seemed to have computed this money also as a donation for the museum.
Gujarat Police has filed copies of the investigation reports in the case, citing the alleged discrepancies in the accounts of CJP and Sabrang Trust and accused Teesta and Javed of various offences, being the “managing trustees”.
Senior advocate Mahesh Jethmalani, who had appeared for Gujarat Police in the High Court, is likely to argue against the bail plea Thursday, instead of Additional Solicitor General Tushar Mehta, who appeared last week.
http://indianexpress.com/article/india/india-others/new-bench-to-hear-bail-plea-today-in-setalvad-case/99/
133 months ago
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