CBI, Guj asked why they want Teesta, her hubby back in jail

One-liner: The SC on Wednesday questioned the CBI and the Gujarat govt as to why they want to send social activist Teesta Setalvad and her husband Javed Anand back in jail after they have been out for over 7 years on anticipatory bail.

What the bench said: A bench said, "Question is how long can you keep someone in custody. Seven years have passed since anticipatory bail was granted. You want to send her back to custody."

Time sought: Advocate Rajat Nair, appearing for the CBI and the Gujarat govt said some additional material needed to be placed before the court with regard to the cases and, therefore, four weeks time may be given.

CBI in appeal: Senior advocate Kapil Sibal and advocate Aparna Bhat, appearing for Setalvad and her husband Anand, said in one of the proceedings in which the CBI has come in appeal, anticipatory bail was granted following which a charge sheet was filed and after that regular bail was granted to her.

• He said since a regular bail was granted, the appeal of the probe agency against anticipatory bail does not survive

Sibal's submission: Sibal submitted a note to the bench pursuant to the earlier direction giving details of issues as to which of the appeals survive for consideration and what is the subject matter to be decided as the passage of time may have taken care of some aspects.

3 FIRs lodged: The top court was hearing a batch of pleas filed by Setalvad, Anand, the Gujarat police and the CBI arising out of three FIRs lodged against the couple.

Embezzlement: On March 19, 2015, the top court had referred to a larger bench the anticipatory bail plea of Setalvad and her husband in the case of alleged embezzlement of funds for a museum at Ahmedabad's Gulbarg Society devastated in the 2002 riots and extended its interim order protecting them against arrest.

Cheating: In 2014, an FIR was registered against them with DCP, Crime Branch, Ahmedabad, on charges of cheating, breach of trust and under the I-T Act in a matter related to the construction of the Museum of Resistance in the Gulbarg housing society.

Donation collected: Setalvad and her husband, trustees of two trusts--Citizens for Justice and Peace (CJP) and Sabrang Trust-- were accused by Feroz Khan Saeed Khan Pathan of having raised a few crores of rupees as donations from certain donors from India and abroad after projecting to them the plight of the riot-affected people of Gulbarg Society.

Conspiracy: The top court had noted in its order of March 19, 2015, that Pathan had alleged that the couple entered into a conspiracy and promised the residents of the housing society they will build a museum in the honour of the 2002 riot victims. 

• The court had also noted that the couple had asked the residents to not sell their properties in the housing society

Allegation: Pathan alleged the couple neither built the museum as promised nor spent the amount for the benefit of the members of the Gulbarg Society nor did they fulfil the assurance made to the victims regarding the sale of their properties.

Misuse of foreign funds: In the second case, the CBI has moved the apex court against grant of anticipatory bail to Setalvad and her husband in a case where they have been accused of misusing foreign funds.

Misappropriated: According to the Gujarat police, the funds were obtained for a project launched in some districts of Maharashtra and Gujarat to help the victims of the 2002 post-Godhra riots but were misappropriated or used for other purposes. The couple has denied all the allegations made in the FIRs.