04 January 2017

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ADR writes to MHA, ECI to implement Delhi High Court’s order against BJP Congress

ADR writes to MHA, ECI to implement Delhi High Court’s order against BJP Congress

Association for Democratic Reforms (ADR) has written letters  to the Ministry of Home Affairs (MHA) and Election Commission (ECI) urging them to implement and comply with the directions of the Delhi High Court and take action against two national parties BJP and Congress as ‘contemplated by law’ within a specified period of six months.

The Delhi High Court in its judgment dated 28th March, 2014 had found both Congress and BJP
prima facie guilty of accepting foreign funds and violating the provisions of Foreign Contribution
(Regulation) Act, 1976 Against the High Court’s order, Congress and BJP had separately
filed Special Leave Petitions (SLPs) in the Supreme Court on 26 June, 2014, and 26 August, 2014 respectively, and consequently the matter became sub judice. The SLPs in the Supreme Court were “dismissed as withdrawn” on November 29, 2016.

In view of the fact that now the Delhi HC order of March 28, 2014 has attained finality and it has been re-affirmed in a way, it is imperative that ECI, as a constitutional body and MHA as an administering authority under FCRA should act and take action against these two national parties for violating the FCRA within a specified time as directed by the High Court.

ADR in its letter, addressed to MHA, has also stated that if “action as contemplated by law” is not taken within a reasonable time, the inescapable conclusion will be that the verdict of the Hon’ble Delhi HC is not being complied with wilfully, and there will be no option but to initiate proceedings for contempt of court against the MHA.

History of Case -

BJP, Congress guilty of taking foreign funds: Delhi HC

Status and proceedings before Delhi High court: In a landmark judgment, the Delhi High Court has held major National political parties BJP and Congress guilty of taking foreign funding and violating the provisions of FCRA and directed the Ministry of Home Affairs (MHA) and Election Commission of India (ECI) to take action against the two parties within six months. The judgment was announced on a petition filed in public interest by Mr. EAS Sharma, Former Secy, Govt of India, and Association for Democratic Reforms (ADR) in Delhi High Court in January 2013. The petitioners had asserted that there is a blatant violation of the Foreign Contribution (Regulation) Act, 1976 FCRA) and Representation of People’s Act, 1951 by these two major National political parties.

It has been observed by the Court that these political parties have taken donations from Vedanta & its subsideries, registered in England and Wales, and its subsidiaries. The Bench also rejected the stand taken by Ministry of Home Affairs which said that FCRA has not been violated. The judgment drew attention to the donations made to INC and BJP for the period up to the year 2009.

Petitioners in the PIL

a) Association for Democratic Reforms (ADR)

b) Dr. EAS Sarma, former Secretary to the Government of India

Respondents in the PIL -
Respondent no. 1: Union of India (UOI)
Respondent no 2: Election Commission of India (ECI)
Respondent no 3: Indian National Congress (INC)
Respondent no 4.: Bhartiya Janta Party (BJP)

Bench -

Date of Judgment:  28th March, 2014

Total number of hearings -

Grounds of the PIL

a) INC and the BJP have violated Section 29B of the Representation of People’s Act 1951, which categorically prohibits them to take donations from government companies and from any foreign source.

b) The donation of huge sums of money made by the Vedanta Group (being a foreign company) to major political parties like INC and BJP is in clear violation of the FCR Act of 1976 and the FCR Act of 2010.

c) The donation of huge sums of money by the public sector undertakings (who are also State within Article 12 of the Constitution) to the political parties is in violation of Section 293A of the Companies Act.

Current status:

On 29th November 2016, the Special Leave Petitions (SLPs) filed by BJP and INC were dismissed as withdrawn by the Supreme Court. During the hearing both parties conjointly told the Apex court about their decision to withdraw the SLP's they had filled in the year 2014. This decision to withdraw the appeals came after both the parties had sought time from the Supreme Court to clarify the effect of the amendment brought this year to the Foreign Contribution Regulation Act, 2010 in their matter. With the Supreme Court’s decision to dismiss these appeals as withdrawn by the parties, the onus is now on the Government to act. The Ministry of Home Affairs (MHA) should abide by the High Court’s ruling and take action against these parties within six months as the Delhi High Court’s order of March 2014 is now legally binding and final.

Reality views by sm –

Wednesday, January 4, 2017

Tags – FEMA Violation Congress BJP Guilty