HC asks TNMMK resident Jawahirulla to surrender

The Madras High Court today directed the president of Tamil Nadu Muslim Munnetra Kazhagam M H Jawahirulla to surrender before the trial court in connection with a case relating to alleged violation of FCRA norms.
Justice N Sathish Kumar also told the counsel for Jawahirulla that his bail application would be considered on merit after he surrenders.
The court had on June 21 exempted Jawahirulla from surrendering in the case till June 29 on the grounds that he was observing 'Ramzan' fast after a lower court sentenced him and four others to one year imprisonment for violation of Foreign Contribution (Regulations) Act,(FCRA)-1976.

The prosecution case was that Jawahirullah and four others had between December 15, 1997 and June 20, 2000 formed an association without registering it with the Union government, to accept foreign funds as contribution.
On December 15, 1997, they had opened an account in the Bank of India branch here in the name of Coimbatore Muslim Relief Fund (CMRF) and in pursuance of it, received foreign contribution of Rs 1.54 crore without getting prior permission from the Reserve Bank of India, it said.
A case was registered against Jawahirulla and two other office bearers of TMMK, besides two others of CMRF under various Sections of IPC, including Foreign Contribution (Regulations) Act, 1976 by the CBI.

The Additional Sessions Judge for CBI cases had confirmed the conviction of all the accused by the Additional Chief Metropolitan Magistrate Court on September 30, 2004.

All the five were sentenced to one year Rigorous Imprisonment and slapped a fine of Rs 10,000 each.
Jawahirullah submitted that the trial court and appellate court had failed to note that prosecution had not produced any evidence to prove he had entered into a criminal conspiracy with the other accused in furtherance of criminal offence.
The Foreign Contribution (Regulation) Act, 1976 only prohibits receiving donation or contribution from a foreigner and not from persons who have gone abroad from India, he claimed.

He further said both the trial court and appellate court had failed to note that CMRF is not a unit of TMMK and no evidence has been placed before the court by the prosecution to prove the same.
Hence he sought the suspension of the sentence.