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Book Teesta for Inciting Communal Disharmaony PDF Print E-mail
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Written by Amba Charan Vashishth   

It has been the impression of many of us that our well known human rights activists are very responsible people who have only the interests of the nation at heart. But now this stands shattered with the recent revelation by the SIT in its report submitted to the Supreme Court of India. This is true, at least, in the case of the renowned human rights activist Teesta Setalvad who had been decorated by the ‘secular’ Government of India with a Padma Shree.  And it is not for the first time that that renowned human rights activist Teesta Setalvad is herself in the dock, benumbed and shocked. The Indian Express exposed it earlier in December 2008 (See Box).

Now has come another bombshell for her. In a report headlined, "NGOs, Teesta spiced up Gujarat riot incidents: SIT", the Times of India on April 15 came out with another startling disclosure that should further erode her credibility. The Special Investigation Team responsible for the arrests of those accused in Gujarat riots, according to the Times, has severely censured NGOs and social activist Teesta Setalvad who campaigned for the riot victims.  In a significant development, the SIT led by former CBI director R K Raghavan told the Supreme Court on April 13, 2009 that the celebrated rights activist had cooked up and fabricated evidence. Many incidents of killings and violence were cooked up, false charges were levelled against then police chief P C Pandey and false witnesses were tutored to give evidence about imaginary incidents, the SIT said in a report submitted before a Bench comprising Justices Arijit Pasayat, P Sathasivam and Aftab Alam.

 The SIT said it had been alleged in the Gulbarg Society case that Pandey, instead of taking measures to protect people facing the wrath of rioteers, was helping the mob. The truth was that he was helping with hospitalisation of riot victims and making arrangements for police bandobast, Gujarat counsel, senior advocate Mukul Rohtagi, said quoting from the SIT report.  Rohtagi also said that 22 witnesses, who had submitted identical affidavits before various courts relating to riot incidents, were questioned by the SIT which found that they had been tutored and handed over the affidavits by Setalvad and that they had not actually witnessed the riot incidents.  Pointing out a specific instance, the SIT report stated how the evidence of 22 witnesses was suspect, owing to the identical submissions made in their affidavits submitted to the court. On enquiry, the SIT found that all the 22 affidavits were drafted, typed and printed from the same computer, giving sufficient grounds to believe they were tutored. 

The SIT also found no truth in the following incidents widely publicised by the NGOs:  * A pregnant Muslim woman Kausar Banu was gangraped by a mob, who then gouged out the foetus with sharp weapons  * Dumping of dead bodies into a well by rioteers at Naroda Patiya * Police botching up investigation into the killing of British nationals, who were on a visit to Gujarat and unfortunately got caught in the riots  Rohtagi said: "On a reading of the report, it is clear that horrendous allegations made by the NGOs were false. Stereotyped affidavits were supplied by a social activist and the allegations made in them were found untrue."  The facts now brought out by the SIT and earlier by the Indian Express clearly indicate that Teesta Setalvad and her NGO were not digging out the truth, but fabricating it. She had come out with very startling and shocking allegations/’revelations’ about the atrocities committed on the Muslim community in Gujarat. It amounted to inciting communal feelings and sentiments of hatred among communities on false/fabricated allegations which were nothing short of rumour mongering and could even lead to communal riots.

As a responsible individual herself and a well-known NGO both should have checked up their facts before making wild allegations. They should have realized that their doing so could incite communal hatred. But the SIT reports make out a case in which she and her NGO manipulated and fabricated facts and stories. It is a fit case for her being booked under various sections of the Indian Penal Code in the same manner as done against Varun Gandhi. If we are to go by the standards with which Varun Gandhi was booked under National Security Act (NSA) for making certain statements which have yet to be proved, Teesta Setalvad’s is a fit case to invoke NSA against her.  By her acts she is guilty of inciting hatred between communities and a threat to communal harmony by indulging in irresponsible and unsubstantiated allegations.

In democracy there is no room for double standards – one for Varun Gandhi and quite the opposite for Teesta Setalvad in similar circumstances. Her own conduct and that of her NGO has raised many questions. Do our NGOs, Human Rights Organisations and activists, who raise hefty donations from common people and get finances from abroad, have no sense of responsibility and shame?  If perpetrators of crimes have to be given exemplary punishment so that none dares to do what wrong they did, is it not the time that the individuals like Teesta Setalvad and other NGOs who indulged in this blatant game of cooking up charges against individuals are not put behind bars and punished the earliest the better? Their crime is more serious than that of any other criminal because they not only cheat people in the name of protecting the human rights but also commit crimes themselves. It is time the Government of India also reviewed her case. By her conduct she has brought shame to the honour of Padma Shree conferred her. She has betrayed the cause for which this honour was bestowed on her. She cannot be allowed to get away with such dubious activities with criminal overtones.  She has betrayed the cause for which she has raised hefty donations from people of India and abroad. The Government should set an example by withdrawing this decoration. 

(Amba Charan Vashishth is a political analyst and commentator)

 

 

Why is so vociferous Teesta Setalvad so silent?
Silence is not gold; it conveys everything  

This is what the Indian Express reported on December 17, 2008.  
PAGE1 ANCHOR –
SC affidavit wrong, didn’t know what we signed: riot victim

AYESHA KHAN & VIKRAM RAUTELA 
AHMEDABAD,     

Nanu Miyan disowns own affidavit, says it was CJP’s doing, Setalvad says no comment         

IN HER new home in a narrow bylane of Ahmedabad, Madina Pathan (25) has no idea she has kicked up a storm with her deposition before the Supreme Court-appointed Special Investigation Team (SIT) probing the 2002 Gujarat riot cases. While an affidavit in the Supreme Court stated that Madina, then a young bride, was raped and stabbed by rioters at her late husband’s house in Naroda Gam, she has told the SIT she was stabbed but never raped. She said she had no idea what was written in that affidavit since it was in English which she could neither read, write or understand.  “In those days, some people used to come and question me. There used to be a Nanu Miyan, I would go to him with the other victims,” Madina told The Indian Express. Nanu Miyan Malek, a Naroda Gam survivor on whose affidavit the Supreme Court appointed the SIT to probe some of the riot cases, says Madina is not lying. “Madina was stabbed in the stomach but no one raped her. She stayed with us in a relief camp for nearly six months,” Malek said.  Malek said the affidavit was “fabricated” and had “incorrect” information. He alleged it was drafted in English without his knowledge by Rais Khan, coordinator of the Citizens for Justice and Peace (CJP), who made him sign on the affidavit. “I had mentioned this in my statement to the SIT too,” he said.  But Rais Khan claims it was CJP secretary Teesta Setalvad who sent him affidavits for signatures. “Teesta Setalvad used to send me these affidavits through e-mail. I used to take printouts and get them signed after calling the persons concerned to Shahpur. All these affidavits were drafted by Setalvad along with some legal experts,” Khan said. When contacted, Setalvad declined comment. According to Malek’s eight-page affidavit, Madina, then the newly married daughter-in-law of his neighbour, was attacked and raped by a Hindu rioter. The affidavit was appended to a petition which the National Human Rights Commission (NHRC) and CJP had jointly moved before the Supreme Court in 2003, seeking a CBI inquiry into the riot cases on the grounds that the Gujarat police was trying to scuttle investigations into these cases.  Madina’s husband, mother-in-law and two brothers-in-law were killed in the attack. She later married one Rafik who now works in Saudi Arabia.  She has a three-year-old daughter.  Madina deposed before the SIT on May 20 this year, stating she was never raped. “Jab Gandhinagar ke bade saab ne poochha tab mujhe pata pada ki pehle court mein aisa likha hai. Mera to kabhi balatkar nahin hua tha (I realised that this was written in the court paper only after the official in Gandhinagar (SIT) asked me. I was never raped).” She says she received Rs five lakh in compensation which she deposited in a bank. In her statement to the SIT, she said she never identified any of the attackers, neither had she said so in any statement anywhere.  The veteran protector of human rights and champion of the oppressed and the aggrieved, Teesta Setalvad, has chosen to be silent saying: "No comment". The veteran jurist was just trying to mark time to tell the truth – the truth that has not to be invented, not to be prompted; it is spontaneous, there and then.  One doesn't need time to tell the truth. The truth is in the mind and heart. Why seek time to bare one's heart?   Her silence was not gold. It is as black as the kettle. The silence conveys a vociferous message, as vociferous as she is in her writings and statements.  Is it not the time that there is an independent and impartial inquiry into the working of the so-called human rights organisations which are receiving funds from foreign countries to help and aid the criminals, anti-socials and anti-national elements in the guise of protecting their human rights? 

 

 

Courtesy: ambavasishth.sulekha.com

 


Amba Charan Vashishth
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