Madras HC exempts TMMK leader from surrendering in FCRA case

The Madras High Court today exempted a Tamil Nadu Muslim leader, sentenced to a year in jail in FCRA violation case, from surrendering till June 29 to serve the term on the ground that he was keeping 'Ramzan' fast.
Justice N Sathish Kumar exempted Tamil Nadu Munnetra Kazhagam state president M H Jawahirulla from surrendering before jail authorities after a lower court sentenced him and four others to one year imprisonment for violation of the Foreign Contribution (Regulations) Act,(FCRA) 1976.
Jawahirulla had moved the high court challenging his conviction and sentence in the FCRA breach case. The judge posted his plea for further hearing on June 29 after granting him the relief for the Ramzan period.

The prosecution case was that Jawahirullah and the 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 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 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, however, submitted before the high court that the trial court and the appellate court had failed to note that prosecution had not produced any evidence to prove that 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 the 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.