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Statement by Sri Lankan civil society in solidarity with Indian activists Teesta Setalvad and Javed Anand facing persecution by the Gujarat Police

18 February 2015

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sacw.net - 18 February 2015

Statement by Sri Lankan civil society in support of Indian social activists Ms. Teesta Setalvad and Mr. Javed Anand facing persecution by the Gujarat Police

We, the undersigned, strongly criticize the concerted attempts by police in the Indian state of Gujarat to falsely implicate and arrest Indian social activists Ms. Teesta Setalvad and her husband, Mr. Javed Anand, who have been engaged in a 12-year struggle to secure justice and accountability for victims and survivors of the pogrom against Muslim in Gujarat in 2002. Ms. Setalvad and Ms. Anand, activists with the Citizens for Justice and Peace (CJP) and the Sabrang Trust, are being persecuted over alleged charges of misuse of funds associated with attempts to convert Gulbarg Housing Society in Ahmedabad, where 69 people were killed in the 2002 violence, into a museum. The case is based on a complaint by 12 members of the Gulbarg Society but the Secretary and Chairman of the Society have said the case was false and noted that the complainants had misused office stationery.

Moreover, despite these charges being effectively rebutted by the audited accounts, bank statements, and other documents, the Gujarat High court proceeded to order their arrest, which has been stayed by the Supreme Court until the 19th February 2015. It is important to note that Gujarat police have a history of targeting Ms. Setalvad with false cases aimed at derailing her work to bring those responsible for horrific crimes in 2002 to justice. In 2012, the Supreme Court noted that another case that been foisted on Ms. Setallvad in connection with "illegal exhumation" of victims’ remains was “a hundred percent spurious case to victimise the petitioner (Setalvad)."

The alacrity with which the Gujarat police has pursued the cases against Ms. Setalvad, and others who have stood up for justice in Gujarat, is in stark contrast to their recalcitrance in rigorously investigating the violence in 2002 and pursuing justice for the victims and survivors. We note that this is part of wider hostility against social activists and human rights defenders in India that is going hand-in-hand with rising anti-minority sentiment under the Prime Ministership of Narenda Modi, who was also Chief Minister of Gujarat during the 2002 pogrom against Muslims.

Welcoming the Supreme Court of India’s decision to stay their arrest, we call on it to take due cognizance of the prejudice of the Gujarat Police and ensure justice is done to Ms. Setalvad and Mr. Anand. We support the call of large sections of civil society in India and beyond to extend support to both of them and call on law enforcement agencies to cease harassing and persecuting Ms. Setalvad, Mr. Anand and other activists and human rights defenders. We also call on international civil society networks and inter-governmental bodies concerned with safeguarding human rights defenders to take cognizance and take immediate action to ensure they and other human rights defenders are given the due protection of law.

17.02.15

1. Faizun Zackariya , Citizens’ Voice for Justice and Peace

2. Rohini Weeerasinghe, Kantha Shakthi Organisation, Citizens’ Voice for Justice and Peace.

3. Kumudini.Samuel, Women and Media collective,

4. Anberiya Hanifa,, Muslim Women’s Research and Action Forum,

5. Ann Jabbar, Muslim Women’s Research and Action Forum,

6. Sivamohan Sumathy, Sri Lanka

7. Kumari Jayawardena, Social Scientists Association

8. Mirak Raheem,

9. Jayanthi Kuru-Utumpala,

10. Shreen Saroor, Women’s Action Network

11. Prema Gamage – women’s activist

12. Nimalka Fernando - Attorney-at-Law

13. Menaha Kandasamy – Social activist, Citizens’ Voice for Justice and Peace

14. Padma Pushpakanthi, Women for Alternative Development, Women for Social Justice.

15. Sriyani Pathirage, Rural Women’s Front, Citizens’ Voice for Justice and Peace

16. Britto Fenando, Families of the Disappeared.

17. Sudarshana Gunawardana, Executive Director, Rights Now Collective for Democracy - Rights Now

18. S. Hassendeen, Muslim Women’s Research and Action Forum

19. Annie Kurian, Centre for Social Concern

20. Shamila Daluwatte, Lawyer, activist

21. Dr Farzana Haniffa, University of Colombo.

22. Sitralega Maunaguru, Social activist

23. Mangaleswary Shanker,

24. K. Mahaluxmy

25. R Vasuky

26. Dharmasiri Bandaranayake , film director, theatre artist.

27. Chulani Kodikara, activist, researcher.

28. Sarala Emmanuel..