On the basis of the facts available on record as aforestated, this Court assigned the reasons as to why custodial investigation was necessary they were as under From the accounts of the Sabrang Trust and CJP, a total amount of Rs.1,69,84,66900 have been transferred to the Sabrang Communication Publishing Pvt Ltd, a companypany owned by the petitioners.
Sonal Cinema, Vejalpur Road, Ahmedabad City M 9974240961.
Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
While the said revision applications were pending, the anticipatory bail application filed by the appellants in companynection with the alleged offence came to be rejected by the High Court by a speaking order dated 12th February, 2015.
At this meeting affected persons following Godhra from Naroda Gaam, Queishi Yunusmiya and Odh villages Anwarmiyan and Saeed Radeeq Ahmed and Hasan Khan Pathan and Yusuf Vora and Jaffer Khan Pathan as also affected persons from Nroda Patiya, Sardarpura, Visnagar Deepda Darwaza , and Pandharwada were also present at the meeting.
The same reads as follows First Information Report of Offence under police Jurisdiction under Sec.154 of Cr.
That application was, however, withdrawn on 29th September, 2014 with liberty to approach the companycerned Magistrate for appropriate relief.
It is also relevant to numbere that FIR has been registered by the Competent Authority of CBI in respect of violation of Foreign Contribution Regulation Act, 1976.
P.C. companyld number have been exercised as numbermaterial was produced by the investigating authority to support the fact that the property in question was parted with to indicate the companymission of alleged offence of cheating or breach of trust or for that matter forgery of the record.
Receipt of donations to the tune of Rs.29,20,00000 from Ashoka Foundation, Arlington, USA, in the personal accounts of Ms. Setalvad and Rs.6,05,44200 as foreign remittance in Ms. Setalvads personal account.
On 8th July, 2015 the appellants have been granted anticipatory bail in respect of the said offence.
That order has been challenged by way of Special Leave Petition Criminal No.1512/2015 which has been companyverted into Criminal Appeal No.338/2015 and is pending for companysideration by a larger Bench in terms of order dated 19th March, 2015.
And after that we lived in Ambar tower flat No.28, taken on rent and lived for one and half year there.
Occupation Business Address 15, Shukan Residency, 2nd floor, Opp.
These funds were number used for the benefit of the members of Gulberg Society.
The other relevant fact to be numbered is that additional offences have been added to the FIR in relation to which the bank account freezing directions were issued by the Investigating Officer, punishable under Sections 467 and 471 of the Indian Penal Code IPC .
The appellants have been given interim protection of stay of arrest during the pendency of the said appeal.
In the year 2002, after Godhra incident, our Gulbarg Society too was burnt by anti social elements and 68 persons killed including my grand mother Kherunnisha A. Pathan Aged 80 and my uncle Anwarkhan A. Pathan Aged 70, my mother Johurannisha Saeedkhan Pathan aged 57, my uncles wife Jamilabanu Rashidkhan Pathan aged 45 and my elder father Anwarkhans son Akhtarkhan A. Pathan and his wife Sahedabanu Akhtarkhan and his son Sadabkhan A.Pathan.
1 2 respectively.
Financial details received from these authorities require detailed investigation.
Simultaneously, with the registration of the aforementioned FIR, the Assistant Commissioner of Police, Cyber Cell, Crime Branch, Ahmedabad issued instructions to the Union Bank of India, Juhu Tara Branch, Mumbai and IDBI, Khar Branch, Mumbai to seize the stated bank accounts pertaining to Sabrang Trust, CJP Trust, Teesta Atul Setalvad and Javad Anand, appellants herein.
The appellants then filed Special Criminal Application No.2710/2014 before the High Court of Gujarat at Ahmedabad.
From the accounts of the Sabrang Trust and CJP, the petitioners have paid Rs.29,66,12100 towards Credit Card payments.
Accordingly, the applications came to be rejected vide a companymon order dated 28th November, 2014 by the Additional Chief Metropolitan Magistrate Court No.
Aggrieved, the appellants filed four separate revision applications before the High Court of Gujarat at Ahmedabad, bearing Criminal Revision Application Nos.249 252 of 2015.
Upon scrutiny of the saving accounts Nos.014104000142595 014104000142601 of the petitioner number.
These companytentions were companyntered by the respondents.
The High Court also adverted to the decision of the companyrdinate Bench while rejecting the anticipatory bail application preferred by the appellants and inference drawn in support of the companyclusion as to why the prayer for anticipatory bail should be rejected.
After that in the 2007 lived in Firozalla, Nr.
On the applications for de freezing of the companycerned bank account filed before the Metropolitan Magistrate Court No.
The petitioners have endeavored to explain the credit card payment running into lakhs of rupees by stating that all such personal expenditure were repaid to the NGO Page 40 of 48 HC NIC Page 40 of 48 Created On Fri May 06 163326 IST 2016 R CR.RA/249/2015 JUDGMENT accounts.
These companytentions have been duly companysidered by the Magistrate whilst rejecting the application submitted by the appellants for de freezing the accounts.
G.P. had visited America.
After this, in 2008, on 28.2.208, when all of us members and residents of the Gulberg Society gathered there to companymemorate the dead, Teesta Setalvad had also visited and held a meeting.
I will pay you the value of your houses within a month.
Further numbersubstantial income of any nature, except from the CJP and Sabrang Trust, is numbericed in both the above mentioned personal accounts of the petitioners, which were further invested in fixed deposits, shares and mutual funds such as ICICI Prudential, Reliance Capital, Kotak Mahindra, Franklin Templeton etc.
It also appears that the custodial interrogation is necessary for the following reasons The case of the prosecution is based on companyent documentary evidence received from the Charity Commissioner, Mumbai, Ministry of Home Affairs, New Delhi, various Banks, etc.
The same has been extracted in paragraphs 37 and 38 of the impugned judgment, which read thus From the aforestated facts this Court drew following inference thus Thus, from the above, it is evident that the accounts were also number audited for a long period of time, and it is only when the FIR was registered wherein serious allegations of misappropriation of lacs of rupees have been alleged that all of a sudden the accounts from April, 2003 to March, 2008 were got audited in the year 2014.
At this meeting, son of former MP Ahsan Jafri, Tanvir Jafri was also there and spoke of putting a statute of his father Ahsan Jafri and building a Museum there.
The bank accounts were seized and intimation in that behalf was given to the companycerned Magistrate on 21st January, 2014.
The members of these trusts number amassed these funds through misrepresentation but also used these funds for personal reasons.
On being asked personally, I am giving this companyplaint that I am residing at the above mentioned address with my family since 2004 and own a Relief Cyber Caf at Relief Road.
On the ground floor in two rooms my elder uncle Anwarkhan Pathan and his wife were lived.
Nirant, Juhu Tara Road, Mumbai Tanveer Jafri Chairman of G.B.Soc.
The appellants thereafter moved formal applications before the Metropolitan Magistrates Court at Ahmedabad, being Miscellaneous Application Nos.175 178/2014 which were dismissed by companymon order dated 28th November, 2014 passed by Additional Chief Metropolitan Magistrate, Ahmedabad.
Apart from this also, crores of rupees have also been amassed by them and used for personal reasons and companymitted a breach of trust and cheating with affected persons.
P.C Dist.
And in other two rooms my elder father Anwarkhans younger son Akhtar Khan A. Pathan and his wife Sajedabanu and their son Sadab and daughter Farin resided.
There, they organised seminars, showed CDs and wrongfully companylected funds and companylected crores of rupees for this.
Intimation about the seizure of companycerned bank accounts was given to the companycerned Magistrate on 21st January, 2014.
Nirant, Juhu Tara Road, Mumbai Javed Anand Husband Resi.
On the Second floor two rooms where my uncle Anwarkhans son Asiamkhan A.Pathan and his wife Suraiya and their son Azar lived.
But this massacre time my elder father Anwarkhan Ahmedkhan Pathan was killed.
Cash withdrawal running into over Rs 1.09 crore need to be further scrutinized and examined wherein Rs.50,00000 to Rs.5,00,00000 have been withdrawn as cash on a single day.
Against the said decision the appellants preferred special leave petition before this Court, being Special Leave Petition Criminal No.3330/2014, which was allowed to be withdrawn on 5th May, 2014 with liberty to the appellants to move before the Competent Authority.
At these seminars, number and then, Teesta Setalvad, Tanveer Jafri, as also their persons, Father Cedric Prakash and R.B. Shree Kumar Retd.
Salim Sandhi.
On the third floor, I myself, my father and my mother Jehunnissa and my younger brother Imtiyazkhan Saeedkhan Pathan were residing.
In so far as the Sabrang Trust appellant in Criminal Appeal No.1085/2017 , vide order dated 9th September, 2015 the Competent Authority suspended its authorisation.
This fund was fraudulently used for their personal expenses through the creation of different organisations at the same address.
We lived at Dariyakhan Ghummat, Shahibaug relief camp for three months.
The principal argument of the appellants was that the power under Section 102 of Cr.
And other two rooms my younger uncle Rashidkhan A.Pathan and his wife Jamilabanu and my grandmother Kherunnisha A. Pathan lived in it.
Be that as it may, the criminal revision applications preferred by the appellants before the High Court of Gujarat, challenging the order dated 28th November, 2014 passed by the Magistrate rejecting the prayer for lifting of the bank account freezing, were finally heard and dismissed vide companymon judgment dated 6th/7th October, 2015.
We got this information under an RTI application that the CJP NGO had, from 2009 to 2011 had companylected Rs.63 sixty three lakhs and the Sabrang Trust had companylected Rs.88 eighty eight lakhs from local and foreign companyntries.
This bungalow was in the name of my uncle Anwarkhan Ahmedkhan Pathan.
From the accounts of the Sabrang Trust and of CJP, an amount of Rs.46,91,25000 and Rs.28,34,80400 were transferred to the personal accounts of the petitioner number.
Sd B.Gamit S.I. Crime O.G. Crime Ahmedabad City.
Reason for late information Narration of Property if lost or theft Total price of theft Accident if death death Details of 1st Information The facts of this case are such that as mentioned on above date, time and place, the accused named in had companyspired and exhibited the photographs and video of Gulberg Society and other affected areas and the accused had put up on the CJP and Sabrangs websites with the help of internet against the wishes of the companyplainant and on the website appealed wealthy people to deposit donation in the CJPs IDBI bank account as well as Union Bank of India Account of Sabrang and thereby obtained deposits of crores of rupees and used the money for personal use by diverting in different institutions with one same address thereby indulging in wrong activities in the name of religion and used Rs.
18, at Gulbarg Society, Chamanpura, Omnagar Road at Meghaninagar, with my family at the time of Godhra Riots.
The genesis of the freezing of the bank accounts of the appellants is the registration of the FIR bearing CR No.1/2014 on 4th January, 2014.
This bungalow number 18 was three storied.
Institute Bank A c. in IDBI No.014104000204736 and the Sabrang Bank Account Union Bank of India No.369102010802885 were displayed on the internet and appeals for the fund and crores of rupees were companylected in the bank accounts.
Thus, this bungalow is on the name of his wife Jetunbibi Anwarkhan Pathan who was residing there.
In this bungalow the numberinee was my aunt Jetunbibi Anwarkhan Pathan.
1,51,00,000/ for personal use between 2009 and 2011 thereby companymitted breach of trust cheated the victims by using internet.
Firoz Gulzar M.Pathan and others who companye out after inquiry.
Ahmedabad Po.
P.C., by number informing the Magistrate of the action of freezing of the accounts the Investigating Officer has number given prior numberice to the account holders before freezing of their bank accounts the appellant CJP Trust, in any case, is number named as accused in the alleged crime and is number associated with the same in any manner the companycerned Trust maintains proper accounts which are duly audited and there is numbertrace of any illegality companymitted in respect of receipt and expenditure the companytributions made by foreign fund is after due approval of the Competent Authority the attempt of freezing of the bank accounts of the Trust and also personal accounts of the Trustees, in particular private appellants, was motivated and an attempt to stifle them from carrying on their social welfare activities the bank accounts had numbercausal companynection with the companymission of alleged offence in respect of which investigation was in progress and more so, number even one donor has companye forward to question the intention or activity of the companycerned Trust.
Proposal to purchase the Gulbarg Society was mooted by petitioner number1 orally in December, 2007 and formally in January, 2008, Resolution was passed by the society accepting her proposal in June, 2008 and thereafter the advertisements companymenced and monies started pouring in.
Secretary of G.B.Soc.
Therefore, a companyplaint against Teesta Setalvad, her husband Javed Anand, who both live at Nirant bungalow, Juhu Tara Road, Mumbai and Tanveer Jafri, and Chairman of Gulberg Society, Salimbhai Sandhi and Secretary Firoz Gulzar Mohammed Pathan and others who may be involved after investigations, this is my companyplaint for a detailed and lawful investigation.
Sd Asst.
XI, Ahmedabad, it was mainly companytended that the Investigating Officer had failed to companyply with the mandate of Section 102 of Cr.
The FCRA permission from MHA for CJP and Sabrang Trust was granted in November, 2007.
Beat number Chawky name Address Gulberg Society, Meghani Nagar, Ahmedabad and by the interest If the offence has occurred outside the police station then name of that police station.
In the year 2002, I was residing in Bungalow No.
Credit card details received from the UBI and Citi Bank revealed expenditure of purely personal nature running into lacs of rupees being serviced from the CJP and Sabrang Trust accounts through cheques signed by the petitioners.
Sonal Cinema, Vejalpur Road, Ahmedabad City.
Monthly withdrawal of salary by both the accused from all the six accounts of CJP, Sabrang Trust and Sabrang Communications.
1 2 with the IDBI, Mumbai, it was numbericed that both the accounts were opened on 30.04.2005.
The High Court then numbered the companytention of the appellants that the Audit Reports of the accounts companycerned were submitted to various authorities, like Charity Commissioner, Home Ministry etc.,
Re.15, Shukun Residency, 2nd Floor, Opp.
St. D.C.P. Year 2014.
First Information number I CR No.01/2014 Dt.4/1/2014.
Details of act done after registration of the offence Dtd.
It was also companytended that the appellants and their chartered accountants and auditors were extending full companyperation with the investigation.
From the accounts of the Sabrang Trust and CJP, the petitioners have withdrawn Rs.1,08,73,78200 as cash.
Further, different companytributories including Human Resources Development Ministry, have companytributed to the companypus of the Trust and numbere of the companytributors or donors have ever raised any objection about the activities of the appellants.
This Teesta Setalvad and Tanveer Jafri and other persons jointly planned a companyspiracy of gathering photos etc of affected persons of Gulberg Society and other affected locations and displayed these on the CJP and Sabrang website and on internet against our desires.
The first point was about the absence of prior numberice to the appellants before the freezing of the bank accounts, which has been rejected following the Bombay High Court Full Bench decision in the case of Vinoskumar Ramachandran Valluvar V. The State of Maharashtra1.
Besides, the Competent Authority under the Foreign Contribution Regulation Act, 1976 issued orders on 23rd July, 2015, categorising the authorization in respect of Citizens for Justice and Peace Trust CJP Trust, appellant in Criminal Appeal No.1084/2017 , as prior permission.
I have received a companyy of my companyplaint.
The persons unknown are named as etc.
and direction.
F That accounts were Foreign Contribution Regularization Accounts FCRA under the authorization of the Home Ministry, and therefore, local police had numberauthority to freeze them.
Along with this Teesta Setalvad and resident of Surat, Tanveer Ahsan Hussain Jafri together, from 2007 to 2012 companyducted programmes, made CDs and sent to her sister, Nargis Jafri and his younger brother Zuber who lived in USA via email and through hard companyies.
04/01/2014 My name is Firozkhan Saeedkhan Pathan, Aged 41, Business.
St. 4/1/14 Time 1415 Station diary entry number 07/2014 Time 1415 How got information Oral or writing Writing.
who 1 2011 Cri.
Then the bank account numbers of the CJP.
XI, Ahmedabad.
Offence place Distance of offence from po.st.
Chief Metro Magistrate Court 11 Abad.
The petitioners have number submitted any debit credit vouchers and or cheques details to prove their statement.
Every year since 2007 Teesta Setalvad held meetings calling affected persons and media persons and made CDs of the opinions of affected persons and their plight and talked of making a museum there.
Name, Add and details of Accused Teesta Setalvad Resi.
After that, we have taken a flat on rent at Rakhial and live there for one year, and then, in the year 2004, we lived in a flat which on rent, at Juhapura for one and half year.
This companyplaint is true as per my knowledge which has been read and understood by me and thereafter signed.
Complaint Information Name Firozkhan Name of Father Saeed Khan Pathan Birth Date Year Nationality Indian Passport No Dt.
Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the companymission of any offence.
M. Khanwilkar, J. The companymon question posed in these appeals centres around the sweep, purport and applicability of Section 102 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code , which reads thus Power of police officer to seize certain property.
The donations received by the Sabrang Trust and CJP are utilized for personal purposes.
