HC seeks Govt's reply on setting up indep body to enforce FCRA

Delhi High Court today sought the government's reply on a PIL seeking setting up of an independent body free from political interference to enforce the Foreign Contribution Regulation Act (FCRA), saying its implementation seemed to be strict on NGOs but not on the politicians.
A bench of Chief Justice G Rohini and Justice Jayant Nath asked Additional Solicitor General Sanjay Jain, appearing for the Centre, to take instruction on the plea which stated that "enforcement (of FCRA) seems to be strict on NGOs and not so convincing on legislators and politicians, so the process is not transparent and clouded with executive discretion".

Fixing the matter for hearing on November 13, the court sought to know the Centre's stand on the PIL of Association of Democratic Reforms, which said that despite a high court judgement last year where it held the BJP and Congress prima facie guilty of violation of FCRA provisions, the government had not taken any action. This, it said, demonstrated the need for an independent body to administer and enforce the FCRA.
"Hence it would be appropriate to have an independent body rather than executive supervision and control of FCRA matters.
"This would not only bring uniformity, continuity and consistency but also keep FCRA out of the reach of political masters, who could exert undue influence on the executive for favourable interpretation and action/inaction based on convenience for obvious reasons. Justice should not only be done but also be seen to have been done," the plea said.

It said the legislators and politicians who were covered under FCRA, were also "the masters of bureaucratic executive who are tasked with enforcement responsibility".
As per the act, since the government's permission was pre-requisite for any prosecution, the political executive get to decide their own cases by having privilege to decide if any prosecutions could be initiated against them, it claimed.