---------- Forwarded message ----------
From: Sabrang <[email protected]>
Date: Thu, Apr 5, 2018 at 2:45 PM
Subject: Who is harassing Teesta Setalvad and why: Sabrang's Official
Statement on latest false FIR
To: [email protected]


CJP Secretary Teesta Setalvad is being attacked once again, this time with
a barrage of false allegations pertaining to her education NGO KHOJ. Rais
Khan, a disgruntled ex-employee of Citizens for Justice and Peace (CJP),
has filed an FIR against Setalvad alleging that Setalvad and her husband
Javed Anand used fraudulent means to get funds to the tune of Rs 1.4 crores
from the Ministry of Human Resource Development under the UPA Government.
However, CJP would like to state that these are baseless and false
allegations.


[image: Teesta Setalvad]

Khan's plans fell flat when the court granted transit bail till May 2 to
both, Teesta Setalvad and Javed Anand, two key functionaries of both CJP as
well as Sabrang Trust. We welcome the transit bail and stand by the
integrity of both Setalvad and Anand.

We also deplore the near desperate measures adopted to by the Crime Branch
of the Gujarat Police to harass, intimidate and threaten the personal
freedoms of both Setalvad and Anand. We believe that this latest attempt,
in which too the original complainant was a former employee of CJP, Rais
Khan Pathan is nothing short of a coercive method to prevent Setalvad from
going on a long planned trip for human rights lectures abroad. Setalvad has
been invited to Canada by Sikhs of Indian Origin to commemorate the 100
years of the Jallianwala Bagh massacre. Setalvad's great grandfather,
Chimanlal Setalvad was part of the Committee that cross examined and
interrogated General Dyer after the massacre. Thereafter, Teesta Setalvad
is scheduled to deliver lectures at Harvard and several other cities of the
United States.

A Brief Background of how Rais Khan has been harassing Setalvad

Khan has, since 2010, thirty two months after he was discontinued from
services of field coordinator of CJP, a renumerative post where rental
accommodation was also provided, literally been forum shopping and at the
root of several malicious and false cases against first Setalvad alone,
then both Anand and Setalvad. Setalvad was first targeted in 2004 through
wings of the Gujarat state who induced star witness, Zahira Shaikh. A
Supreme Court appointed Registrar General report completely exonerated
Setalvad and CJP of baseless charges and found Zahira guilty of inducement
by influential politicians. She was sentenced to one year simple
imprisonment in 2006. Allegations against Setalvad have ranged from
kidnapping to perjury now financial embezzlement.

Clearly, today Khan who enjoys the patronage of the regime in Delhi having
been appointed to the Central Wakf Board also has senior counsel closely
associated with the ruling party appearing for him. Since September 2010
his forum shopping has meant him approaching five trial courts specially
hearing the Gujarat 2002 cases, the Nanavaty Shah Commission, the SIT and
now the Crime Branch of the Gujarat police. In two judgments, in the
Sardarpura matter and the Naroda Patiya matter, the judgments have passed
remarks against Khan labelling his conduct as interference in the
administration of justice.

Clearly the path-breaking work by CJP, spearheaded by its Secretary,
Setalvad that has ensured the conviction of 172 persons -- 124 of which to
life imprisonment-- is the single most significant reason for her being
singled out by a vindictive regime. The continued historical legal battle
in the form of the Zakia Jafri case too, is a serious thorn in the flesh
for the powers that be.

Khan has now, in a new FIR, made a series of baseless allegations
suggesting Setalvad and Anand got this funds for their education NGO KHOJ
under the Sarva Shiksha Abhiyan, but the funds so obtained were utilised
for personal purposes. The complaint also states the fund were used for
creating and distributing printed materials that could cause communal
disharmony. Khan first tried to get CBI, then MHRD to lodge this complaint.
When that did not work, his allies in the crime branch have come to his aid.

So far, Teesta Setalvad, a human rights defenders with three decades of
courageous work behind her, has had to seek anticipatory bail in false
criminal cases eight times already. Curtailing her personal freedoms and
threatened incarceration is clearly the preferred way of this regime. Anand
too, has now been falsely implicated three times.

Now, CJP would like to set the record straight by presenting a summary of
the facts of the case:

In 1994, Setalvad and Anand started a programme for school children which
was christened as ‘KHOJ: Education for a Plural India’. As a project of
Sabrang Trust, the KHOJ innovative educational modules evolved by them have
been successfully implemented in both privately run and civic
corporation-run schools in Mumbai and elsewhere in Maharashtra over the
years.

Prior permission for a team of KHOJ teachers to run these classes in the
Mumbai Municipal Corporation run schools, for example, was granted by the
BMC’s Education Officer, year after year. KHOJ has been active since 1994
and has been working on the crucial area of Education Policy related to
Democratization of the Social Studies and History Syllabus and Text-books.

Teesta Setalvad’s work in the field of education has been widely recognized
and she was appointed to the Central Advisory Board of Education (CABE)
Committee (CABE is a board constituted by the Parliament) in 2004 and
served on the board till the year 2014. Teesta Setalvad was appointed as a
member of the CABE on ‘Regulatory Mechanisms for Textbooks and Parallel
Textbooks Taught in Schools outside the Government System’.

The terms of reference (TOR) of the Committee were:

   - To study and report on textbooks in government schools not using the
   CBSE syllabus;
   - To study the textbooks and curriculum of schools outside the
   government system, including those run by religious and social
   organizations;
   - To suggest an appropriate regulatory mechanism for institutionalizing
   the issue of preparation of textbooks and curricular material.


In the course of their work, Setalvad came to know about the grant by the
Ministry of Human Resource Development for Scheme of Assistance under
Innovation and Experimental Education Programmes (Sarva Shiksha Abhiyaan).
On behalf of Sabrang Trust, Setalvad submitted the proposal for grant from
the Ministry of Human Resource Development to the then Joint Secretary of
the Ministry of Human Resource Development Ms. Anita Bhatnagar on 8th March
2010. The said proposal was in the prescribed form along with the necessary
Application Form.

Sabrang Trust sought 100% grant from the Ministry of Human Resource
Development for a period of three years i.e. 2009-10, 2010-11 and 2011-12.
Through the infusion of the grant in the said project the Trust sought in
order to reach out to 6000 students in 75 schools, which would include the
2000 students in 33 schools across Maharashtra where KHOJ classes were
already being conducted. The said Application Form also laid down the
budgetary details of the Trust’s spending on the said project for the
fiscal year 2009-10 and the total estimated expenditure for the fiscal year
2010-11. The total amount of grant requested for the fiscal year 2010-11
stood at Rs. 1,00,55,400/- (Rupees One Crore Fifty Five Thousand Four
Hundred only).

After Sabrang’s proposal was examined and scrutinised, the Ministry of
Human Resource Development, Department of School Education & Literacy
released the first installment of the grant for the first year of the
approved project amounting to Rs. 58,72,500/- by a letter dated 03.02.2011.
A Joint Evaluation Team (JET) comprising of Ms. Venita Kaul (Member,
Grant-in-Aid Committee), Mr. A. K. Tewari (Government of India
Representative) and Mr. Nandan Nangare (State of Maharashtra
Representative) under-took and evaluation of the project’s progress on
09-10.02.2012. This was favourable and some changes were suggested which
were accepted by Sabrang.

Under the said scheme, 16 teachers were employed during the duration of the
project. The said project benefited 192 schools through direct teaching and
teacher training programmes. 10 Libraries were setup across Maharashtra and
most of the books for the libraries were procured from Government
publishing houses. An online project was set up, the same is still in
existence 7 short films were made and one book was conceptualized and
published as curriculum for 5th standard students. Through this curriculum
which was a child centric pedagogy India’s constitutional values and
pluralism were imparted to around 6000 students across the State of
Maharashtra.

In fact, the JET said,


Overall, the objectives and efforts under the KHOJ project are undoubtedly
laudable since not only do they cater to the need to promote secularism and
peace education, which should be a priority, but also since there is hardly
any effort otherwise in mainstream schools to address these aspects. How
crucial it is to reach out to the children especially of the urban poor
from the slum areas comes across very strongly in the anecdotes shared by
KHOJ teachers with the JET.”

Over the period of three years the Ministry of Human Resource Development
released grants worth Rs. 1,42,23,797/- (inclusive of bank interest) of
which the Trust utilized a total of Rs.1,36,31,686/- and the un-used funds
which amounted to Rs. 5,91,871/- was duly returned to the Ministry of Human
Resource Development in 12.06.2014. The Ministry of Human Resource
Development released grants worth Rs. 58,72,500/, Rs. 26,66,570/- and Rs.
54,20,848/- in the fiscal years 2011-12, 2012-13 and 2013-14 respectively
and the Applicants furnished relevant utilization certificates.

The entire procedure was above board an in line with the law. CJP therefore
requests the media to check their facts before reporting on the case. CJP
would also like to warn readers against some outright hateful articles in
some publications. We have nothing to hide and all facts have been laid
clearly in this statement.

Related:

CJP Targeted
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Teesta Setalvad targeted yet AGAIN!
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