All allegations of FCRA violation being probed sans bias: Govt to Delhi HC

The Centre has told the Delhi High Court that all allegations of violation of the foreign contribution regulation law were being probed without any bias and even Union Transport Minister Nitin Gadkari was being investigated for alleged contravention of FCRA.  

The submission was made before a bench of Chief Justice Rajendra Menon and Justice V K Rao by the Ministry of Home Affairs (MHA) in response to a PIL which has sought setting up of a body or tribunal, independent from government influence, for enforcement of Foreign Contribution (Regulation) Act (FCRA), 2010.

The petition was filed by NGO, Association of Democratic Reforms (ADR), which in its plea has mentioned that one of its members had made a complaint of FCRA violation against Gadkari and no action had been taken.

In its affidavit filed in response to the plea, the MHA has said,"In the case of complaint against Nitin Gadkari, the same is under investigation and the petitioner (ADR) has also been requested to provide substantial evidence, if any."

"The present system of administering FCRA, 2010 is efficient, just and fair and there is no need for establishing any independent body or tribunal for enforcing it," it has said.

The MHA has also said that setting up a panel or tribunal for enforcement of FCRA, 2010, would require an amendment of the statute, which was in the domain of the legislature and not the judiciary.

It further said that the NGO was seeking setting up of an independent body or tribunal as it apprehends abuse of FCRA by the government, but it has not mentioned any instances of abuse of the foreign contribution regulation law.

The ministry, in its affidavit, has sought dismissal of the PIL by claiming that the plea was a "motivated petition" on behalf of NGOs whose FCRA registrations have been denied for renewal or cancelled due to violation of provisions

The government said that so far it has cancelled the FCRA registration of 18,867 NGOs for violating various provisions of FCRA 2010 and the rules made under it. 

The NGO has sought creation of an independent body to implement the FCRA on grounds that conflict of interest hampered implementation of its provisions by the government, as political parties which allegedly violate this law, were part of the ruling establishments sometime or the other.