Skip to main content

Why did ATS arrest Teesta? Is she terrorist? Are cops incompetent?: Top SC lawyer

By A Representative 
Top Supreme Court advocate Kamini Jaiswal, speaking on the recent Supreme Court order rejecting Zakia Jafri’s petition seeking culpability of Narendra Modi in the 2002 Gujarat riots, has wondered why was the Anti-Terrorist Squad (ATS) sent to arrest well-known human rights activist Teesta Setalvad. Are she a terrorist? Or is the normal police to incompetent? Nowhere does the Apex Court order talk of her connection, if any, with terrorist activities, she added.
The arrests took place in the wake of the Supreme Court stating in the order that all those who had the “audacity to question the integrity” and abused “every functionary” who was heading the state during the 2002 riots “need to be in the dock” for keeping the “pot boiling” for 16 long years. It insisted, these persons should be dealt with “in accordance with the law”. A day after the order, Setalvad and Sreekumar, whom the order specifically mentions, were picked up and arrested by ATS and Gujarat police from their residences in Mumbai and Gandhinagar, respectively.
One of those who had appeared along with Prashant Bhushan in the PIL filed by NGO Centre for Public Interest Litigation (CPIL) in the Supreme Court on the 2G case, and a member of Committee on Judicial Accountability, a group of eminent lawyers seeking accountability of judges, Jaiswal, who was in Ahmedabad, told a gathering consisting of activists, lawyers and academics, said, she has never seen the Supreme Court stoop so low, wondering, “What has happened to our judges?”
Reading out paragraph 88 of the Supreme Court order which led to the FIR and the ATS arrest of Setalvad and Sreekumar, she said, “We knew what was to come from the Zakia Jafri’s petition. It was all right, had it only been rejected. However, the critical remarks on Teesta Setelvad and others, who fought for justice of the riot victims, are shocking.”
Jaiswal said, “No notice was given to Setalvad and Sreekumar. What has happened is unheard of, needs to be condemned. They were not even asked to present their case. Where will they go? Are they safe in Gujarat? It’s a plain and simple murder of the entire system.” She added, “The Supreme Court has opened a new chapter in castigating those who fought for justice.”
Commenting on the Supreme Court observation that Zakia Jafri – the aged widow of the Congress leader Ehsan Jafri, who was slain on February 28, 2002, the day on which the riots broke out – was being “tutored” by Setalvad, Jaiswal said, “Does she not have the right to fight? The judgment demoralises a widow’s right to justice.” She added, “With this judgment, Zakia Jafri’s legal options have been buried.”
Zakia Jafri
Jaiswal regretted, the Supreme Court, even as banking on the SIT report, did not take into cognizance either the National Human Rights Commission (NHRC) report or the Apex Court-appointed amicus curiae Raju Ramachandran’s observation on the culpability of state authorities. “The NHRC report has been removed from its website”, she said, even as quoting from what Ramachandran had said about a “prima facie case” against those in power.
Asked what are the options before Setlavad and others, against whom FIR has been filed, Jaiswal said, “Which court will have guts to grant bail to them? Of course, the FIR will be challenged, and the matter will go to a higher bench, but it will take a month. Here, there is violation of the fundamental right, of Article 32”, she asserted.
Insisting it was a hopeless situation, she said the only option is for “people to rise”, which is a “tall order.” Asked about the Congress view in the matter, she regretted, “The Congress has no stand”. Asked whether international pressure could work, she said, “Already there is international reaction”, but added, as for top state actors across the world, they are happy to deal with the Government of India and appear least concerned. She also rejected the suggestion that the matter could be taken to the International Court of Justice.

Comments

Madan Kandal said…
Can't a review or Curative petition as a PIL be filed by our senior lawyers or anyone because this judgement has far reaching implications?
Even Justice Madan Lokour has spoken strongly against the judgement.

TRENDING

How Hindutva and the Taliban mirror each other in power and ideology

By Bhabani Shankar Nayak*  The recent visit of Taliban-appointed Afghan Foreign Minister Amir Khan Muttaqi to India and the warm reception extended to him by the Modi government have raised questions about India’s foreign policy direction. The decision appears to lend legitimacy to the Taliban regime, which continues to suppress democratic aspirations in Afghanistan. 

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Creative destruction? The myth of ‘better capitalism’ behind the 2025 Economics Nobel

By Bhabani Shankar Nayak *  The Royal Swedish Academy of Sciences has awarded the 2025 Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel to Joel Mokyr , Philippe Aghion , and Peter Howitt “for having explained innovation-driven economic growth .” According to the Nobel announcement on October 13 , one half of the prize goes to Professor Joel Mokyr “for having identified the prerequisites for sustained growth through technological progress ,” while the other half is shared by Professors Philippe Aghion and Peter Howitt “for the theory of sustained growth through creative destruction .”