Appeal to maintain the sanctity of India's judicial system

Appeal to maintain the sanctity of India's judicial system

To:

HONBLE MR. JUSTICE R.C. LAHOTI, Chief Justice of Supreme Court Of India.

SHRI U.S. MISRA, Director CBI

HONBLE MR. JUSTICE K. JAYACHANDRA REDDY, Chairman Press Council of India.

As events in the trial of the Best Bakery case unfold, the man on the street looks on in askance where exactly the truth lies. On one side is a much maligned but democratically elected government of Gujarat that is charged and on the other is a highly pampered but suspicious NGO who leads the attack and in the middle is a simple, 20-year old girl. The case pertaining to the Best Bakery massacre has become more of a contrivance to score political points than to execute justice. It is unfortunate that courts all the way to the apex court in India have fallen prey to this political tussle.

It is the appeal of the undersigned that restraint is followed in making judgments and the fact be examined that NGOs themselves might have vested interests.

Zaheera Sheikhs allegations against the NGO Citizens for Justice and Peace and its counselor Teesta Setalvad carry criminal ramifications. In her own words Zaheera admitted that she perceived a threat to her life from activist Teesta Setalvad. She further narrated how she was abducted at knifepoint at the behest of Ms. Setalvad. In a rare admission she alleged "Teesta forced me into changing my earlier deposition. She threatened me with dire consequences if I did not follow her instructions."

For an NGO that belabors endlessly on communal harmony, Ms Setalvads approach to the Best Bakery case appears not to be one of conciliation but rooted in widening the communal chasm when one hears Zaheera narrate When I asked her what she wanted, she said, 'You have to fight for your community, for which even if you have to tell lies, you'll have to tell lies before court. Zaheera Sheikh has also charged Ms Setalvad of holding her captive and threatening her of lynching!

One must also note that since her allegation against Ms Setalvad, Zaheera Sheikh has also sought the counsel and protection of National Committee for Minorities (NCM) and The National Commission for Women (NCW). She met with Ms Poornima Advani of the NCW in the week of Nov 8-14 in this connection. Ms Advani it should be recalled has constantly fought for the human rights of those affected by the Gujarat incidents. While, the Gujarat government has been insidiously charged by all and sundry of having coerced Zaheera into her latest volte-face - after her meeting Ms Advani welcomed Zaheeras stance and rejected allegations of illegal pressure by the Gujarat Govt. She confirmed to the press that Zaheera was under no pressure and was doing her own things.

It must be further noted that allegations of threat against Ms. Setalvad are not just from Zaheera Sheikh alone. A day after Zaheera Sheikh sought police protection from Ms. Setalvad, an accused in the case Dinesh Rajbhar told special judge A M Thipsay that Setalvad had 'threatened' him while being taken out of the court in Mumbai. The court has taken the complaint of Ms. Setalvads threat in the words - "Hum tum sab ko dekh lenge (We will see you) - on record.

It has been noticed several times that many NGOs in India have been exposed as tax shelters and sophisticated social swindles. It has also been noted that many NGOs do have vested foreign interests whose ultimate interest is what NGOs champion. It is our appeal therefore that the courts, based on the petitions by NGOs whose credentials may be questionable, not execute landmark decisions. In light of the serious allegations the star witness of the Best Bakery has made against the NGO Citizens for Justice and Peace and its forerunner Teesta Setalvad, this becomes very important.


The role of the Ms Teesta Setalvad and her interest for state of India are more than dubious. If anything, Ms. Teesta Setalvad is hardly an NGO and driven impetuously against only a certain political ideology. She publishes Communalism Combat. Ostensibly a publication for communal harmony, its real purpose and effect appear to be directed at communal polarization. Sabrang Communications (Private) Ltd that she jointly operates with her husband Javed Anand has a history of coordinating several political activities with a common theme: attack democratically elected governments in India, and slander them abroad, and conduct anti-Indian propaganda.

We also appeal to the CBI to investigate the funds received by Ms Setalvad and her NGO for political pamphleteering. There have been indications that Sabrang Communications has been soliciting foreign funding giving the address of one SINGH foundation in the United States. In fact per Zaheera Sheikhs revelation to press persons, Ms. Setalvad even threatened Zaheera with her monetary clout as Zaheera narrated "I told Teesta I would lodge a complaint against her with Vadodara police and expose her, but Teesta replied, 'We are very rich and influential. You can't harm us that way.

Who should we believe? The battle has been drawn out between a very powerful woman who is on the board of several government offices, is in close association with corporate houses, has been felicitated overseas with sundry awards and in defence is a hapless young girl barely out of her teens, bereaved and homeless. Ms Setalvad's loyalties are at best "divided" - she has consistently used a secessionist map of India on her web-site and viciously attacked Indian musicians who asked for equivalent access to Pakistani markets, as offered to Pakistani musicians here. Her current effort at undermining an indigent, inadequately educated girl, barely out of her teens, is avidly supported by Pakistanis and organizations that align themselves with the NDF-ISI nexus. Do we really want such a person and her coterie to affect our judicial system?

This petition is also an appeal of the undersigned to the Press Council of India to advise restrain on the astounding one-sidedness of press reporting. Even though Zahira Sheikhs reputation appears tarnished with her constant about faces, her allegations against Ms. Setalvad must be investigated without prejudice. The press must be cautious in making slanted reports that may be construed as a defense of Ms. Setalvad. While the truth remains muddied, speculation in the press is rife about Zaheeras character, stories are being made up about greed and letting down her community. For example with little or no corroborating evidence, Indias leading daily in English had a sensational headline titled 'Zahira retracted for money'. Another nationally syndicated columnist devoted an entire op-ed in defense of Teesta Setalvad without even the minimum of investigation into any of Zaheeras charges. If anything the press must be wary of bogus peace and human rights activists that abound in India working for foreign interests.

We the undersigned strongly protest that we do not want the Indian judicial system, the investigating agencies and the press be held hostage by individuals with questionable intentions, NGOs with unaccounted sources of funding. Further, NGOs who have no accountability to anyone should not be allowed to affect or even direct our judicial process, especially if they have foreign funding. It is important that fly-by-night organizations like one Ms. Setalvad has been running not malign and undermine Indias judicial system.