Teesta Setalvad writes:
As I write this, the search is still not concluded. It is shocking that while over a dozen members of the
CBI are still in our premises conducting the search, Delhi spokesperson is misleading the public and our vast supporters by a series of misinformations and officials tweets.
In our view, and we repeat no laws have been broken by us. This is a continuation of the persecution and witchhunt first launched
by he Gujarat police in 2014 then under the dispensation that now rules
in Delhi. The CBI has taken the same documents that we had voluntarily on
inspectyion given the MHA (FCRA dept). Over 25,000 pages of documentary
evidence has been given to the Gujarat Police. When they could not
succeed with the bizaree and desperate attampts to gain custody
(Fenruary 2015), it was the Guj Giovernment Home Department that wrote
to the MHA and the current round of the persecutions began.
Its is shameful political vendetta. The Zakia Jafri case begins its final hearings on July 27 2015. The Naroda PAtoiya appeals (Kodnani and Bajrangi) are being ehard in the Guj high Court tomorrow. This is nothing but a bid to subvert the cause of public justice and ensure that no justice happens in these cases.
We
had written to th CBI offering full cooperation. The so called
offences relate to documentary evidemnce. This search is nothing but an
attempt to intimidate and humiliate. India should be ashamed that when
scams like Vyapam are happening, over 50 persons dying, witnesses in
Asaram Bapu case are dying; CBI is not appealing in critical cases
related to crimes by poiliticians; the agency is being unleashed on
human rights defenders standing up for the rights of Survivors of Mass
Violence. It is worse than the Brityish Raj. Pathetic
I repeat Sabrang Communications has broken no law(s). One: Section 3 of FCRA, 2010 bars certain 'persons'
(political parties and its office bearers, government servants and those
associated with registered newspapers and those involved in the production and
broadcast of news) from receiving foreign donations. However, the very next
section, Section 4 which is sutitled 'Persons to whom section 3 shall not
apply' states: "Nothing contained in section 3 shall apply to the
acceptance, by any person specified 3 in that section, of any foreign
contribution where such contribution is accepted by him, subject to the
provisions of section 10- (a) by way of salary, wages or other remuneration due
to him or to any group of persons working under him, from any foreign source or
by way of payment in the ordinary course of business transacted in India by
such foreign source;"
Sabrang Communications and Publishing Pvt. Ltd Co.
which published the monthly 'Communalism Combat' signed a Consultancy
Agreement with Ford Foundation in 2004 and 2006 "to address the issues
of caste and communalism" through a clearly defined set of activities
which had nothing whatsoever to do with Communalism Combat or remuneration
to Javed Anand or Teesta Setalvad towards discharging editorial/managerial
functions. The Consultancy was signed by Sabrang Communications only after
advice from eminent legal counsel that such an agreement was covered under
the exclusion stipulated under Section 4 of the Act and therefore the
consultancy fees (not grant or donation) received would not be in violation of
FCRA 2010. Ford Foundation in fact deducted TDS with every installment of
consultancy fees it paid to Sabrang Communications. The activities undertaken
and the expenses incurred were in accordance with the agreement. Activities and
Financial Reports were submitted annual to the satisfaction of Ford Foundation.
Two, Sabrang has
kept records and provided copies of the same to the FCRA during the inspection
visit of FCRA team in Mumbai on June 9 and 10, 2015, Additional documents as
required were also posted to FCRA department.
Three: Deliberately or
otherwise, the FCRA team is confusing the well- known lobbying that is part of
the political process in the USA with advocacy initiatives whereby
NGOs, civil society activists engage with the government of the day to draw
their attention towards the legitimate issues of women, children, dalits,
religious or linguistic or sexual minorities, differently-abled persons etc. It
is ridiculous to equate such advocacy initiatives with lobbying.
Sabrang Communications therefore denies all the allegations.
Four:
While believing in the rule of law and due process, we
believe that the State has innumerable devices at its disposal to simply
throttle dissent, intimidate and through these crass techniques try to ensure
coercive compliance.
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