Escolar Documentos
Profissional Documentos
Cultura Documentos
OF 2015
(Arising out of the final judgement and order dated 12.2.2015 passed
by the High Court of Gujarat in Criminal Miscellaneous Application No.
4677 of 2014)
SYNOPSIS
This special leave petition is being filed against the order dated February 12,
2015 passed by the High Court of Gujarat by which anticipatory bail has
been denied to the Petitioners, Teesta Setalvad and her husband Javed
Anand.
Petitioners have been actively involved in espousing the cause of the
victims of Gujarat communal violence in 2002 and ensuring that a fair
investigation is conducted regarding the carnage. This consistent and
painful work has ensured a) over 117 life imprisonments to powerful
perpetrators owing allegiance to the ruling dispensation; b) an ongoing
case where criminal conspiracy, abetment of a high order is still being
agitated against the high and mighty in the state; c) this has made
Petitioner No. 1 and the organisation she represents the victim of careful
vendetta to the extent that she has had to seek Anticipatory Bail
(prevention from arrest) in three instances before this; d) on these earlier
occasions, Anticipatory Bail has been sought and obtained from courts in
Gujarat.
The activities of Petitioner No. 1 representing her organisation, Citizens
for Justice and Peace, includes mainly providing day to day, handy legal
aid to over 570 Survivors who are also eye-witnesses in the critical cases
currently
afoot.
This
constitutional
activity
requires
persistence,
materialized in view of the escalating prices of the land. The whole process was
totally transparent and at no point of time did the Petitioners take or demand any
money from the members of the Society or made any false promises. There was
also no written agreement that any member or the society executed in favour of
the Petitioners. The Petitioners or their trust and anybody representing them did
not take possession of the property either. In fact when rates of the land
escalated, it was communicated to the Society members that it would not be
possible for the Petitioners organization to be able to purchase the properties
and hence the proposal for the museum was cancelled as far back as in
November 2012. For a whole period while the critical Zakia Jafri case against
Narendra Modi and 59 others was being heard before the Magistrate in
Ahmedabad pursuant to an order of this Honble Court dated 12.9.2011, the
authorities were silent. Only after the Magistrate rejected the Protest Petition filed
by Smt Jafri on 26.12.2013 did the authorities revive this old malafide complaint
and file an FIR against the Petitioners. This FIR, at the instance of one of the
residents of the Society, has been clearly filed at the behest of a political party
and based on wrong assumptions, against the Petitioners and the office bearers
of Gulbarg Society alleging that they had misappropriated funds collected in the
name of opening the museum. The Petitioners trust is registered in Mumbai,
their Bank accounts are located in Mumbai, their Income Tax returns are filed
before the authorities in Mumbai and the Chartered accountants are located in
Mumbai.
The animosity and the revengeful nature of the particular fraction has gone to the
extent of lodging false cases in Gujarat in order to harass the Petitioners.
The scope of Section 438, Criminal Procedure Code, 1973 has been
discussed in the Constitution Bench judgment, Gurbaksh Singh Sibbia
vs. State of Punjab, (1980) 2 SCC 565 and also in various other
should
lean
against
the
imposition
of
unnecessary
That the Petitioners originally approached the High Court of Bombay as the
cause of action if any
Bombay had granted interim protection to the Petitioners which was extended by
this Honble Court in SLP (crl) No. 1770 of 2014 giving liberty to the Petitioners to
apply before the appropriate court in Gujarat. Following this order, the Petitioners
approached the learned Sessions Judge who rejected the application at a time
when the protection granted by this Honble Court was about to expire. The
Petitioners filed a petition in the High Court of Gujarat immediately and were
given protection and the protection continued till today. The petition for
anticipatory bail itself was heard over ten months during which time the
protection continued but unfortunately despite requests made by the Counsel for
the Petitioners, that protection was not extended. The denial of anticipatory bail
by the Gujarat High Court is on the face of it unsustainable and contrary to the
The Petitioners are responsible and respected citizens of this Country. The
Petitioner no.1s grandfather was the first attorney general of the Country and her
father was a respected senior advocate. There is no likelihood of them not cooperating with the law enforcement agencies and hence custodial interrogation is
not required.
Under these circumstances the Petitioners are filing the present petition under
the following set of facts and circumstances which are set out chronologically
hereunder
POSITION OF PARTIES
TRIAL COURT
HIGH COURT
IN THIS COURT
BETWEEN
1. Teesta Atul Setalvad
Secretary,
Citizens for Justice and Peace
Nirant, Juhu Tara Road,
Mumabi-400049
Applicant No. 1
Applicant No. 1
2. Javed Anand
Nirant, Juhu Tara Road,
Mumabi-400049
Applicant No. 2 Applicant No. 2
Petitioner No. 1
Petitioner No. 2
VERSUS
State of Gujarat
Through the Chief Secretary
Government of Gujarat
Block No.1, 3rd floor
New Sachivalaya Complex
Gandhinagar-382010
Respondent No. 1 Respondent No. 1Respondent No.1
The Petitioners are filing the present Special Leave Petition in this
Honble Court under Article 136 of the Constitution of India against the
impugned judgment and final order dated 12.2.2015 passed by the
Honble High Court of Gujarat rendered in Criminal Miscellaneous
Application No. 4677 of 2014 whereby the Honble High Court has
refused to grant Anticipatory Bail to the Petitioners under Section 438
of Criminal Procedure Code, 1973.
2.
Questions of LawThe present petition raises the following important questions of law that
needs interpretation of this Honble Court.
A. Whether in a case where the dispute is clearly of civil nature, can
anticipatory bail be rejected on the ground that custodial interrogation is
necessary?
B. Whether in the present case, the Honble High Court has considered
the
i. The nature and gravity of the accusation and the exact role
of the accused must be properly comprehended before arrest
is made;
ii. The antecedents of the applicant including the fact as to
whether the accused has previously undergone imprisonment
on conviction by a Court in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice; iv. The
possibility of the accused's likelihood to repeat similar or the
other offences.
v. Where the accusations have been made only with the
object of injuring or humiliating the applicant by arresting him
or her.
vi. Impact of grant of anticipatory bail particularly in cases of
large magnitude affecting a very large number of people.
3.
4.
5.
GROUNDS
That being aggrieved by the impugned judgment and final order dated
February 12, 2015, passed by the Honble High Court of Gujarat
rendered in Criminal Miscellaneous Application No. 4677 of 2014, the
Petitioners are filing the present Special Leave Petition on the
A. Because the Honble High Court erred in law as well as in fact in not
granting Anticipatory Bail to the Petitioners. It ought to have been
considered that the FIR has been registered against the Petitioners
solely with the purpose to harass them and that there is absolutely no
merit in the allegations.
B. Because the FIR filed against the Petitioners is based on a false and
mala-fide complaint, solely for the purpose of harassing and torturing
the Petitioners. The Petitioners have been actively involved in
rehabilitation work in Gujarat after the communal riots in 2002 and also
striving to ensure that a fair investigation is carried out regarding the
carnage. As the carnage was motivated and supported by communal
political outfits of the party in power, the State Government is not
appreciative of the efforts of the Petitioners and are constantly trying to
dissuade and disrupt the activities of the Petitioner. The present FIR is
also lodged at the behest of the political outfits and has absolutely no
merit in it.
C. Because the Honble High Court ought to have considered that even
earlier numerous complaints and allegations have been made against
the Petitioners with a mala fide intention and none of them had any
truth in them. The Petitioners were exonerated of all the charges made
against them and infact an enquiry was ordered against the
complainant who made those allegations.
D. Because the Honble High Court ought to have considered that the
Petitioners are actively involved in supporting the cause of the victims
member of the Society; the entire process was transparent and the
complainant without any basis made the present complaint.
H. Because the Honble High Court ought to have appreciated that the
Complainant has failed to establish any case against the Petitioners or
provide any document or evidence in support of his allegations. There
is no question of criminal breach of trust as the Petitioners were never
in possession of any property or money belonging to the complainant
or for that matter any member of the Gulbarg Society. It is humbly
submitted that the present complaint is baseless and unfounded and
the chances of conviction of the Petitioners after a trial are very bleak.
I. Because the Honble High Court ought to have granted protection to
the Petitioners as by a mere perusal of the FIR filed by the
complainant, it becomes evident that there is no merit in his allegations.
The same is politically motivated solely for the purpose of harassing the
Petitioners and disrupting their bona fide efforts for espousing the
cause of the communal-riot victims of Gujarat.
J. Because the Honble High Court erred in law as well as in fact in not
considering that the Petitioners are Journalists by profession and are
responsible citizens of the society. There is no reason to believe that
the Petitioners would not co-operate with the investigation and
administration of justice. The present case does not warrant custodial
interrogation as the matter is based on documentary evidence and the
Petitioners are ready and willing to participate in the investigation.
K. Because the Honble High Court ought to have considered that grave
injustice would be caused to the Petitioners in case Anticipatory Bail is
not granted to them as the allegations made out against them are false
and baseless and there is no reason to take them in custody. Their
arrest would cause an irreparable injury with regard to their reputation
guidelines for granting Anticipatory Bail and the present matter satisfies
all the criterion for being granted protection from this Honble Court.
6.
7.
MAIN PRAYER
It is respectfully prayed that this Honble Court may be pleased
to:
(a)
grant special leave to appeal against the impugned judgment and final
order dated February 12, 2015 passed by the Honble High Court of
Gujarat in Criminal Misc. Application No.4677 of 2014; and
(b)
pass such other/further order, as this Honble Court may deem fit and
proper in the facts and circumstances of the present case.
8.
b)
OF 2015
(Against the Final Order and Judgment dated February 12, 2015
passed by the Honble High Court of Gujarat rendered in Criminal
Miscellaneous Application No. 4677 of 2014.)
IN THE MATTER OF:
Teesta Atul Setalvad & Anr.
Petitioners
Versus
Stateof Gujarat
Respondent
PAPER BOOK
Along with
Crl.M.P No.
of 2015
Application for exemption from filing certified or
ordinary copy of the impugned order
with
Crl.M.P No.
of 2015
Application for Exemption from Filing Official Translation
OF 2015
(Against the Final Order and Judgment dated February 12, 2015
passed by the Honble High Court of Gujarat rendered in Criminal
Miscellaneous Application No. 4677 of 2014.)
IN THE MATTER OF:
Teesta Atul Setalvad & Anr.
Petitioners
Versus
Stateof Gujarat
Respondent
CERTIFICATE
the
Court
whose
order
is
challenged
and
no
other