Seeking custody of activist Teesta Setalvad and her husband Javed Anand, the CBI on Thursday moved the Supreme Court and sought cancellation of anticipatory bail granted to the couple in a case relating to alleged illegality in receiving foreign funds for their NGOs. In its special leave petition, the agency has appealed against the August 11 order of the Bombay High Court which had stated that there was no need for custodial interrogation of the couple and that there was no threat to national security or public interest if they remain free. But the CBI has emphasised upon a tentative finding of the high court. [related-post] On the allegations of receiving foreign funds, the court had said, “Prima facie, after going through the submission of the prosecution. it appears there may be some kind of misuse of the amount.” Referring to the indictment, the CBI has questioned the basis of the high court order. “The Hon’ble High Court even though observed that the respondents (Teesta and Javed) have committed the offence but yet granted anticipatory bail when the settled principle is that anticipatory bail can be granted only in exceptional circumstances,” the petition stated. It added that under the principles of criminal law, an accused was entitled to anticipatory bail when a court is of the prima facie view that the applicant has been falsely implicated but in Teesta’s case, the high court had observed there was certainly a case against the couple. The couple is embroiled in a case relating to receipt of foreign fund for NGOs Sabrang Trust and Citizens for Justice and Peace, which is run by the couple, without government approval.
