Teesta Sitalwad: arrest of an activist who is descendant of a legendary family.

Teesta Sitalwad has been arrested last week by Anti-terror squad (ATS) of Maharashtra from her residence in Juhu, Mumbai. Her arrest was such a big event that the United Nation spokesperson expressed concern and in reply a spokesperson of Foreign Affairs of Government of India had to issue following statement:

Foreign Ministry spokesman Arindam Bagchi said that we have seen a comment regarding legal action against Teesta Setalvad and two other persons by the Office of the United Nations High Commissioner for Human Rights. The comments are completely inappropriate and set an example of interference in the independent judicial system of India. Bagchi further said that India works strictly against violation of law as per judicial procedures. Labeling such legal actions as harassment for the sake of activism is misleading and unacceptable.

The question arises as to who is Teesta Sitalwad?

She was destined to be a lawyer, like her father and grandfather but she left law and passed out as a journalist. He credentials as a journalist remained foggy but after 2002 she emerged as a professional public interest litigant. Her case would eventually land up in Supreme Court before a particular judge and she would get some relief or the other. Few years back she was arrested on the charge of misappropriation of money from Charities created for victims of 2002 riots in Gujarat but she was released on bail as it was granted on an alleged phone call from Kapil Sibal.

The Sitalwad Family:

Like many in lime lights of the media, the Sitalwad Family has an illustrious past.

Her great great great grandfather, Ambashankar Setalvad (1782–1853) worked for the East India Company.

Her great great grandfather Harilal Ambashankar Setalvad (1821–1899) was awarded the title of Rao Sahib by the British for his loyalty to the crown and in the process he made substantial wealth.

‘Sir’ Chimanlal Harilal Setalvad (1864–1947) was one of the
member of Hunter Commission which gave ‘clean chit’ to Reginald Dyer for Jallianwala Bagh Massacre in 1919. He was awarded title of ‘Sir’ in 1919 & appointed a Knight Commander of the Order of the Indian Empire (KCIE) in 1924 by the British. He was also a family friend of Jawaharlal Nehru.


Motilal Chimanlal Setalvad (1884–1974) was India’s first & longest serving Attorney General (1950–1963).  He helped Nehru in imposing a tax on salt from retrospective effect in the name of cess. Courts had struck it down. (Remember slat agitation of Gandhi called Dandi March?) He also helped Nehru in keeping Rowllet Act in Constitution of India as article 22 by strongly defending it in courts.

Atul Motilal Setalvad (1933–2010) was a left leaning  Mumbai based lawyer with a rather not so illustrious a career but had left behind aan ancestoral home in Juhu, Mumbai which has a personal garden of 3 acres. Nobody, even the richest men of India namely Ambani and Adani enjoy this luxury in the heart of Mumbai.

Teesta Javed Setalvad (1962– ) is a journalist cum activist who married Javed Anand who is also an activist cum journalist. Presently she is under arrest for forging affidavits, manipulating litigation and abuse of legal process for 16 long years. The matter is under investigation.

Few other British loyalists:

Sitalwad is not alone. The British left behind their loyalists who shifted loyalty to the Nehru family immediately after 1947 and their descendants continue to do so thereafter.

Kunj Bihari Thapar gave a saropa to Governor Dyer who was the Governor of Punjab when Jalainwalan Bagh massacre took place. His illustrious descendants include General Thapar who lost 1962 war to China. Romilla Thapar and Karan Thapar are the other descendants continuing the legacy of Raj.

Khuswant Singh was press secretary of Nehru who was fired after a picture of Lady Mountbatten in night gown kissing good bye to Nehru in London, appeared in Newspapers. His father Sir Sobha Singh became a British loyalist who was awarded acres of land in and around Delhi at throw away prices after he testified against Bhagat Singh and B.K.Dutt, the freedom fighters in courts to ensure their hanging till death. Khuswant Singh defended his father as he spoke the truth.

There are many such illustrious British loyalists who joined Nehru and his descendants in doing what the British did to India namely LOOT away wealth. British looted 45 trillion dollars. So much so they refused to pay what they owed for war supplies in 1947. It was about 2 billion pounds. Nehru never mentioned it.

Arrest of Teesta could be a trend setter that these dynasts in media who represent British legacy of personal loyalty and not merit may soon become a thing of past. It is important that this happens as meritocracy is not possible with dynasties of loyalists.

Does repeal of Farm Laws mark an end of Amendments?

Laws are a complicated matter. Had it been simple, there would have been no need of lawyers. As regards politicians, they have always used laws to demonstrate action when in reality it does nothing more than a little activity on paper.

Recently Prime Minister announced “repeal of three farm laws.” Here is the problem:

Let me give an example of politicians exploiting laws to mislead people. India celebrates independence day on 15 August and believe that it gained independence in the year 1947. Was that correct?

British passed a law called India Independence Act, 1947 by which it created two dominions called India and Pakistan with King of England as head of there dominion. Jawahar Lal Nehru too an oath of allegiance to King George of England and served him till 1952 when India declared itself a republic. It is a common knowledge. So common that it is available on Wikipedia too. Yet every person I know, does not know it.

Back to the question. Will repeal means end of reforms on Farm Law?

It depends on the language of repeal. Generally repeal of an Amending Act merely removes dead wood (of old laws). So we have to wait and watch. May be Modi pulled a Nehru on agitators. After all if they could not tell as to what is wrong with reforms, how are they going to tell what is wrong with repeal. They will be referred to dictionary and asked ‘what is wrong with it? ‘

Choice of remedy is not easy in law.

Remedy of Criminal Defamation:

#MeToo campaign had started in India a few years ago, after similar incidents were reported in Hollywood about Harvey Weinstein. Then Minister MJ Akbar was accused of sexual harassment by a journalist. Minister sued the journalist for criminal defamation and after trial lost.

The criminal complaint was doomed from the beginning. There are two reasons and both are legal reasons. First is the nature of proof. To prove a criminal complaint the evidence must be of such quality so as to prove beyond reasonable doubt that accused is guilty.

Second is that the an accused has a very light burden to prove. As following extract will explain, the accused can deny the allegation on oath and unless her ‘truthful character’ is impeached this evidence is enough to disprove.

It was a case of one testimony against another duly corroborated by the presence of Akbar at the place and time. Unless the complainant could deny the place and his presence at the given time, this complaint was non-starter.

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Abhimanyu had to die!!

Republic day:

Yesterday was 71st Republic Day of India. On 26th January 1950, India adopted a constitution which converted entire (almost) civilization of Indian continent into one country. It was the first civilizational nation with multiple cultures and languages.

Developments from last two months, had made it clear that yesterday was destined for anarchy. And it happened. One person (protester) died due to freak accident involving rash driving of tractor. The intention to provoke the police to open fire so that vast number of deaths may be shown as proof of fascist Government of India.

At the cost of injury to 300 police personnel, the situation was diffused. Today is the day of reckoning. Two protester groups have already disassociated with the protests and dissipation of protesters has started. Question is could it be avoided? After all if I knew it and was waiting with baited breath to write about it, everyone knew about it. Could anything be done about it?

Where is rule of law?

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Supreme Panchayat stays the amendments in Farm Law.

The Supreme Court, today, suspended the implementation of the three controversial farm laws until further orders and formed a four-member committee to hold talks and resolve the issue of agitators and the Government. Following are the members of the committee formed by the Court:

  • BS Mann, Bhartiya Kisan Union (BKU)
  • Ashok Gulati, Agricultural Scientist
  • Pramod K Jishi, International Food Policy Research Institute
  • Anil Ghanwant, Shetkari Sangathan

When I joined the bar, somebody told me that the District Court is the court of law as it has very discretion except to implement the law. High Court are Courts of Justice as in India the courts have the jurisdiction of Chancery Courts (of England) as well. On this when I asked about Supreme Court the reply was epic and proves from time to time. He said Supreme Court was Panchayat. The traditional court which used to exist in every village and used to decide on the basis of common sense. Today’s order proves that preposition once again and I would say no more. Though the situation can be summed up in another way as well.

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