CJP needs
funds urgently.
Please click on the box alongside to donate.

 

ABOUT US

SUPPORT US

CONTACT US

FEEDBACK

 

Compensation to  Gujarat Riot Victims

 

SC judgment
Re-trial of Best Bakery Case
outside Gujarat

(April 12, 2004)

Media Archive

Dateline

Backgrounders

  List of Prosecution,    
  defence witnesses
(pdf)
  Chart for the
  identification of
  the accused
(pdf)
  Chart for the
  identification of
  the weapon
 (pdf)
  List of accused  (pdf)
  Contradictory statements  
  by Zahira and family
(pdf)
  Zahira Speak  (pdf)
  Hostile witnesses:    (pdf)
  Criminal consequences
 
  Modi on NHRC, CJ  (pdf)
  Pending petition for  (pdf)
  re- investigation, transfer
  No appeals  (pdf)
 Partisan prosecutors (pdf)
 Partisan Investigation (pdf)
 Vadodara witnesses (pdf)
  Case History
 Supreme court  
  judgement
(Mar 8, '06)
  Mazgaon (Mumbai)
  session court
 
  judgement
 
(Full Judgement)  
 ( Feb 24, '06)
  Mazgaon (Mumbai)
  session court
 
  judgement
 (Feb 24, '06)
  SC Judgement: transfer
  and  retrial in Mumbai
 
 
(April 12, '04)
  SC order expunging
  remarks against
  Teesta, Mihir
  Gujarat HC order
  Dec. 26, '03/Jan 12, '04
  CJP and Zahira file
  SLP in SC
(Aug. 8, '03)
  Zahira/CJP press  
  conference in Mumbai

  (July 7, '03)
  Sessions Court
  Judgement, Vadodara

  (June 27, '03)


News Letter March 2006

Crime Against
Humanity

Gujarat Riots
 Concerned Citizens Tribunal Report

 

Crime Against
Humanity

( Abridged Version)

 

Genocide:
Gujarat 2002

           

June 19, 2014
Press Release

‘Allegations of embezzlement against Teesta and Javed baseless’: Auditors

The hearing in the Anticipatory Bail applications of Teesta Setalvad, Javed Anand and three Survivors of the Gulberg society massacre, Tanvir Jafri, Salim Sandhi and Firoz Gulzar pathan was postponed till July 9, 2014 after Setalvad filed a 96 page Counter affidavit complete with detailed records from audited accounts and bank statements completely disproving the renewed set of baseless allegations made by the Crime Branch, Ahmedabad. The state had, on June 13, 2014 filed yet another affidavit. Protection against arrest will therefore continue.

The Citizens for Justice and Peace state that it has Trustees (Teesta Setalvad and Javed Anand) have rebutted, for the sixth time, point by point the baseless allegations made against their functionaries.

In their affidavit filed before the Gujarat High Court today, June 19, 2014, Setalvad and Anand have urged the court’s particular attention to reports filed by the auditors of Citizens for Justice and Peace and Sabrang Trust with the Crime Branch, Ahmedabad, unambiguously affirming that the embezzlement of funds by the two of them as alleged by the Gujarat police were totally baseless. The 96-page affidavit points out the gaping holes in the repeated and equally baseless fresh allegations made by the Crime Branch in its June 13, 2014 affidavit filed in the Gujarat High Court in a continuing malicious bid to arrest both of them on trumped up charges.

Since the facts placed on record by the auditors does not suit the devious game-plan of the Gujarat police, its latest affidavit accuses the auditors of both the trusts of “conniving” with the trusts in the “manipulation of accounts”. The Gujarat police clearly have no qualm in affirming falsehoods on affidavits before the courts, sullying reputations and spreading cannards without a shred of evidence.

The Crime Branch IO KN Patel has deliberately sought to mislead the Court by selectively quoting from parts of the accounts of both Trusts, Citizens for Justice and Peace and Sabrang trust and in not one of his affidvaits filed since February 2014, has he substantiated claims with filing the documentary evidence from the investigation record. (Income and Expenditure Statement, Balance Sheet and Schedules all together form the Audited Accounts as per proper accounting procedure. The Trust functionaries have annexed over 60 pages of actual accounts to subsantiate their stand.

Annexing documentary evidence to their affidavit to debunk the claims of the Crime branch, Setalvad has urged that the court consider issuing directions to the police to produce before the court the documentary evidence on which their allegations are based.

In early January 2014, the Crime branch had filed an FIR levelling criminal charges against Teesta Setalvad, Javed Anand, Tanvir Jafri (son of the late MP Ehsan Jafri), and two other office bearers of the Gulberg Society, Ahmedabad, who had lost several family members in the February 28, 2002 massacre at the housing society. The Gujarat police subsequently issued blatantly illegal instructions and complying with the same, IDBI and UBI froze the accounts of the trusts as well as the personal accounts of both Setalvad and Anand in an obvious attempt to financially cripple the ongoing legal battle for justice to the victims and punishment to the perpetrators and masterminds of the state-sponsored 2002 mass crimes in Gujarat.

Setalvad and Anand have debunked the false claims of the IO Crime Branch that as much as 44 and 45% of the donations collected by the Trusts went into their personal accounts. The moderate honorariums received by both, depending on the Projects, in accordance with the terms and conditions and law amounted to 4.81 per cent of total donations for honorarium to Setalvad and 2.91 per cent of the total donations to Javed Anand. (Page 67 of the Counter Affidavit filed on June 19, 2014). This is nnexed here.

Since early this year when the FIR was filed, Investigation Officer (IO), ACP K.N. Patel has filed several affidavits in the Sessions Court, Ahmedabad, Bombay High Court and the Gujarat High Court, claiming without a shred of evidence that Setalvad and Anand have pocketed away crores of rupees collected by the two trusts in a manner as to “shock the court”. In their rejoinder affidavits Setalvad and Anand have placed the actual facts before the courts debunking each and every baseless allegation made by the IO. This, however, has not stopped the Crime Branch from peddling blatant falsehoods; that two in affidavits filed in courts.    

In end-March 2014, Investigation Officer (IO), ACP K.N. Patel wrote separate letters to M/s Haribhakti & Co., Chartered Accountants, the auditors of Citizens for Justice and Peace (CJP), and to M/s D. M. Sathe & Co., Chartered Accountants, the auditors of Sabrang Trust, accusing Setalvad and Anand of embezzlement of crores from the funds raised by CJP and Sabrang Trust. As auditors of the two trusts, both firms were asked to reply to specific questions put to them both by the IO. Though this too was an illegal move by the Crime Branch, the trustees of both the trusts decided to co-operate fully in the re-audit of accounts of both trusts.

The reports filed by both the auditors with the Crime Branch in response to the pointed queries by both auditors conclusively nails the lies of the Gujarat police and by implication unmasks its vile intent. Here below are a few excerpts from the auditors’ reports:

Among other allegations, the IO’s letter to M/s Haribhakti & Co. had claimed that Setalvad and Anand were guilty of using CJP’s funds to pay for their “personal expenses” including “branded and costly shoes to movie tickets and grocery purchases” purchased through their personal credit cards. The auditor’s reply has stated that “we have observed that none of such personal expenses has been debited in the books of account of CJP”.

Pointing out that “all relevant records such as vouchers/bills, books of account, minute book… were made available to us by the management of CJP for our verification”, the auditors’ report further states that “we have not noticed that the funds of CJP were used by its trustees for the purpose other than its 'Objects'”.

In reply to another query concerning reimbursements to Setalvad and Anand for expenses incurred through their credit cards only for items related to the objects of the trust, the report by Haribhakti & Co. also notes that the expenses so reimburse were “through the notice and concurrence of the Board of Trustees of CJP through the resolutions for adoption of audited financial statements of CJP for the respective year”.

In their own response to pointed questions by the Gujarat police, the auditors of Sabrang Trust have been equally clear that the allegations against Setalvad and Anand are not borne out after their re-audit of accounts.

The auditors were asked by the IO to respond to its alleged unearthing of “embezzlement of funds received for public purposes from various national and international donors.” The auditors reply: “On the basis of information and explanation received and documents examined by us we did not find such alleged embezzlement of funds. The funds received for public purposes from various international donors were spent wholly and exclusively for the purposes for which they were given by the funding agencies”.

Another query to the auditor pertained to its allegation that Setalvad and Anand “have utilized substantial amount from FCRA account towards expenses of personal nature”. The auditors reply: “On the basis of information and explanation received and documents examined by us we did not find any expenses of personal nature”.

On the IO’s allegation concerning “huge withdrawals of cash” the auditors have reported back that, “On the basis of information and explanation received and documents examined by us we did not find “huge cash withdrawals”. The cash withdrawals from time to time were for the expenses on objects of the Trust. In support of his conclusion, D. M. Sathe & Co. have provided a detailed table to establish that the cash withdrawals matched with the cash expenses on objects of the trust. Both auditors reports are also attached to this press release. Advocates https://mail.google.com/mail/u/0/images/cleardot.gifMs Kamini Jaiswal and Mihir Desai appeared for the Trust functionaries.


Trustees:

IM Kadri                Alyque Padamsee          Raghunandan Maluste  
Cyrus Guzder        Anil Dharker                   Rahul Bose
Cedric Prakash     Gulam Pesh Imam          Shakuntala Kulkarni

--  Affidavit Rejoinder

--  DM Sathe Report

-- Haribhakti Report

 


| About CJP || Home || Feedback |