New Delhi: A complaint has been lodged with the Gujarat police charging Teesta Setalvad and her NGO Sabrang Trust with trying to "mix religion with politics" and spreading disharmony through the curricular material prepared for the erstwhile UPA government which had given it a grant of about Rs 1.4 crore.
The complaint, lodged with the Ahmedabad city police by Rais Khan Pathan, a former close aide of Setalvad, also took into account the report of a panel of the Ministry of Human Resource Development which in its finding has claimed that a prima facie case existed against her under section 153A and 153B of IPC for promoting enmity on grounds of religion and imputations, assertions prejudicial to national integration.
Sources said the crime branch of Ahmedabad police has sent a communication to the deputy secretary, department of school education and literacy of the Union HRD Ministry, urging it to "furnish point-wise reply on the application/ complaint at the earliest".
They said the ministry is yet to submit its response to the communication sent in November last.
The HRD Ministry in 2016 had sought the opinion of the top law officer endorsing the report of its three-member committee, saying "the report of the inquiry committee is exhaustive and deals with every aspect of the matter and that action as suggested in the said report may be undertaken in terms of fixing liabilities/lapses, action for inciting disharmony and hatred and also for recovery of the money as is stipulated in the scheme itself".
Pathan had filed the complaint in November last year with the crime branch of the Ahmedabad police on the basis of the report against Setalvad, her husband Javed Anand, officials of the Sabrang Trust and unknown officials of the HRD Ministry.
He sought investigation and prosecution for the alleged offence of criminal conspiracy, criminal misappropriation of property, criminal breach of trust by public servants, promoting enmity between different groups on the ground of religion, among others.
Pathan has alleged that a large amount from the HRD funding was used during 2008 to 2014 on 'Khoj' project of the Sabrang Trust under the scheme of 'National Policy on Education' in Maharashtra and Gujarat as well as on the 'Peace Building and conflict resolution' project.
The project was launched by Setalvad's NGO in some districts of Maharashtra and Gujarat.
The HRD panel claimed to have gone through "a sizeable portion" of written materials prepared by Setalvad for the trust and 'Khoj' for teachers and the students of class V and VI, with the complaint alleging it contained "explosive literature" which reflected "hatred" and "venom", thereby falling under sections 153A and 153B of the IPC.
Pathan in his complaint has claimed that the three-member panel, comprising Supreme Court lawyer Abhijit Bhattacharjee, Gujarat Central University Vice Chancellor S A Bari and Ministry official Gaya Prasad, had confirmed that the then officials of HRD Ministry in connivance with trustees of Sabrang Trust illegally sanctioned the funds under the 'Sarva Shiksha Abhiyaan'.
"Large amounts were also transferred as donation from Sabrang trust to Citizens for Justice and Peace (CJP), another NGO of Teesta Setalvad which too was used for various activities such as payment of salary to office staff in Gujarat, travelling expenses to riot victims of Gujarat, advocate fees and on various campaigns launched in Gujarat against the state government," Pathan's complaint alleged.
The HRD panel, which had questioned the grant of money to the tune of Rs 2.05 crore, out of which Rs 1.39 crore was released as the trust was unable to utilise 50 per cent of the amount, said one of the reasons for its ineligibility was that the documents of the trust suggested "brazen contempt of Supreme Court by Setalvad in her writing".
The report had said the committee was of the view that there was "a hiatus between the theory and practice" of the trust as it was simply "whipping up identity politics" claiming it was not conducive to the avowed purpose for which the trust had said in its application form.
It alleged that the public money given under the scheme of 'Sarv Shiksha Abhiyan' to the trust/'Khoj' was "clearly found to be spreading disharmony, feeling of enmity, hatred and ill will etc".
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New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.