New Delhi/Mumbai: In a big relief to social activist Teesta Setalvad, Supreme Court today stayed her arrest till February 19.
Yesterday, The Police had reached Mumbai to arrest 2002-Gujarat riots' activist Setalvad and her husband Javed Anand after Gujarat High Court's rejection of their bail plea.
After that Setalvad moved the Supreme Court for a day's reprieve from arrest in the case of alleged misuse of funds meant for rehabilitation of 2002 post-Godhra victims.
The relief came after a couple of hours only when senior advocate Kapil Sibal made a dramatic mention of the couple's anticipatory bail plea before a bench of three judges headed by Chief Justice H L Dattu, and Justices A K Sikri and Arun Mishra and sought an urgent hearing on the case.
According to a Times of India report, he told the court that it was an extraordinary situation and the court needed to intervene urgently as the state police was hell bent to arrest Teesta on the same day.
The bench immediately restrained the state police from arresting them till Friday, when their appeal against the HC decision would be heard in the Supreme Court.
Setalvad and her husband reportedly submitted that the FIR was registered solely for the purpose of harassing them as there was no merit in the charges.
Setalvad and her NGO "Citizens for Justice and Peace" were instrumental in bringing the Gujarat riot cases like that of Best Bakery and Jakia Jafri's case to the Supreme Court.
While rejecting her bail plea, HC strongly condemned her alleged spending of funds collected to help the riot victims for her personal indulgence. Court also questioned the functioning of her NGO.
The HC had, however, granted anticipatory bail to three riot victims, former residents of Gulbarg Society and co-accused in the embezzlement case - former Congress MP Ehsan Jafri's son Tanvir, society's chairman Salim Sandhi and secretary Firoz Gulzar. They were granted bail on the conditions that they would furnish a bond of Rs 10,000 and cooperate with investigation.
In this case, HC refused to grant bail as the court felt that the facts of this case were quite shocking and disturbing. As mentioned in the daily, the court said that how can one seek materialistic pleasure and happiness at the expense of poor and needy persons? How can one even use five paise which is meant for the poor and the needy?
HC said, "The facts of this case reflect the sorry state of affairs of NGOs. The donations are made with lot of trust and hope that ultimately the money would reach the poor and needy. However, here is a case where in the name of the poor, needy and unfortunate riot-affected victims, lakhs of rupees was received and embezzled".
The court considered the case as a fit one for custodial interrogation in public interest.
As a matter of fact, in January 2014, a complaint was filed by former residents of Gulbarg society against Feroze Khan Pathan, Setalvad, and others for allegedly consuming Rs 1.51 crore collected for a riot museum.
Residents had alleged they were restrained from selling their property on the promise that NGOs would buy them. Citing lack of funds, the promise was not fulfilled.
