Centre Objects To Teesta Setalvad's NGO CJP Filing Petition Challenging Anti-Conversion Laws

In yet another development in the challenge to anti-conversion laws in different states, the central government has filed an affidavit in the Supreme Court of India objecting to the locus of social activist Teesta Setalvad's NGO 'Citizens for Justice and Peace' (CJP) . Through its petition, CJP had challenged, inter-alia, the provisions of laws in Uttar Pradesh, Uttarakhand and Himachal Pradesh which mandated that prior permission should be obtained for religious conversions for marriage.

While stating that it is settled position of law that the background and credentials of a petitioner would be relevant for a court to decide whether to entrust such a petitioner with a petition or not, the affidavit filed on behalf of the Union of India states – 

"The petitioner is guilty of collecting huge funds exploiting the agonies of riot affected people for which criminal proceedings are going on against Ms Teesta Setalvad and other office bearers of the petitioner."

It adds that CJP, under the guise of acting in public interest, selectively takes up public causes for the objects in intents "other than public interest". Further, as per the affidavit–

"The petitioner deliberately undertakes, and consciously and surreptitiously espouses, divisive politics in an attempt to divide the society on religious and communal lines. Similar activities of the petitioner organisation are also found in other states. Presently this activity is going on in the State of Assam."

CJP's petition is the lead matter in the batch of petitions challenging the anti-conversion laws enacted by various States. Jamiat Ulema-i-Hind has filed a transfer petition too seeking to transfer to the Supreme Court the petitions pending in various High Courts challenging the anti-conversion laws. The Supreme Court will consider the matter on February 3, 2023.

Teesta Setalvad, who had taken up the cases of several victims of the 2002 Gujarat Riots through her NGO, is facing several criminal cases in Gujarat. Teesta Setalvad was a co-petitioner in the petition filed by Zakia Jafri in the Supreme Court seeking probe into larger conspiracy by state functionaries in the 2002 riots. While dismissing Jafri's petition in June 2022, the Supreme Court had made certain adverse comments against Teesta, based on which the Gujarat police registered another FIR accusing her of fabricating evidence.  

Several human rights activists and lawyers questioned her arrest as a vindictive action and criticised the Supreme Court's observations against her. In September 2022, the Supreme Court granted her interim bail.