Skip to main content

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

By Our Representative 
Top Supreme Court advocate Kamini Jaiswal, speaking to 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?, she asked. 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

Importance of Bangladesh for India amidst 'growing might' of China in South Asia

By Samara Ashrat*  The basic key factor behind the geopolitical importance of Bangladesh is its geographical location. The country shares land borders with Myanmar and India. Due to its geographical position, Bangladesh is a natural link between South Asia and Southeast Asia.  The country is also a vital geopolitical ally to India, in that it has the potential to facilitate greater integration between Northeast India and Mainland India. Not only that, due to its open access to the Bay of Bengal, Bangladesh has become significant to both China and the US.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

'A disaster in the making': Expansion of oil palm plantations in Northeast India

By Rupa Chinai, Ravi Chellam*  Until a few decades ago, India was nearly 100% self-sufficient in edible oils, with a diverse variety of oilseeds that were grown and consumed sustainably in keeping with the ecological and climatic conditions of different regions in the country. Today, India is highly reliant on palm oil imports to meet its vegetable oil demands. 

'BBC film shows only tip of iceberg': Sanjiv Bhatt's daughter speaks at top US press club

By Our Representative   The United States' premier journalists' organisation, the National Press Club (NPC), has come down heavily on Prime Minister Narendra Modi for recent "attacks on journalists in India." Speaking at the screening of an episode of the BBC documentary “India: The Modi Question,” banned in India, in the club premises, NPC President Eileen O’Reilly said, “Since Modi came to power we have watched with frustration and disappointment as his regime has suppressed the rights of its citizens to a free and independent news media."

Chinese pressure? Left stateless, Rohingya crisis result of Myanmar citizenship law

By Dr Shakuntala Bhabani*  A 22-member team of Myanmar immigration officials visited Rohingya refugee camps in Cox's Bazar to verify more than 400 Rohingya refugees as part of a pilot repatriation project. Does it hold out any hope for the forcibly displaced people to return to their ancestral homes in the Rakhine state of Myanmar? Only time will tell.

China ties up with India, Bangladesh to repatriate Rohingyas; Myanmar unwilling

By Harunur Rasid*  We now have a new hope, thanks to news reports that were published in the Bangladeshi dailies recently. Myanmar has suddenly taken initiatives to repatriate Rohingyas. As part of this initiative, diplomats from eight countries posted in Yangon were flown to Rakhine last week. Among them were diplomats from Bangladesh, India and China.

40,000 Odisha adolescent girls ask CM: Why is scheme to fight malnutrition on paper?

By Our Representative  In unique a postcard campaign to combat malnutrition, aimed at providing dietary diversity, considered crucial during adolescence, especially among girls, signed by about 40,000 adolescent girls from over 10,000 villages, have reminded Odisha chief minister Naveen Patnaik that his government's Scheme for Adolescent Girls (SAG), which converged with Pradhan Mantri Poshan Shakti Nirman  ( POSHAN ) 2.0 in 2021, is not being implemented in the State.

Natural farming: Hamirpur leads the way to 'huge improvement' in nutrition, livelihood

By Bharat Dogra*  Santosh is a dedicated farmer who along with his wife Chunni Devi worked very hard in recent months to convert a small patch of unproductive land into a lush green, multi-layer vegetable garden. This has ensured year-round supply of organically grown vegetables to his family as well as fetched several thousand rupees in cash sales.