The Delhi High Court on Monday issued notice to the Central Bureau of Investigation (CBI) on a plea filed by human rights activist Harsh Mander seeking the quashing of a first information report (FIR) registered against him and his research and advocacy organisation, Centre for Equity Studies (CES), for alleged violation of the Foreign Contribution (Regulation) Act (FCRA) [Centre for Equity Studies & Anr v Central Bureau of Investigation]. Justice Vikas Mahajan sought a status report from the CBI and listed the case for further hearing on August 29.CBI's Special Public Prosecutor (SPP) Anupam S Sharma told the Court that Mander will not be arrested. He submitted that the assurance may not be recorded, but added that the CBI would not arrest Mander. The FIR was registered against Mander and CES on January 31, 2024.It has been alleged by the CBI that the CES transferred ₹32.7 lakh, other than salaries and remunerations, from its FCRA account to individuals during the year 2020-21 in violation of the FCRA.A second allegation against Mander and his NGO is that CES diverted an amount of ₹10 lakh from its FCRA account through firms in violation of the FCRA.On the first allegation, Mander and CES argued that the CBI has not pointed any illegality in the transfer of funds. A review of the documents submitted by the CES shows that the money was transferred to accountant Avdhesh Kumar for administrative purposes, including for COVID relief, they added.“As such there is nothing illegal about these transfers which are within the purview of uses of FCRA funds and were in fact alone utilized for urgent COVID relief work. This is clearly the reason why the FIR itself makes a vague allegation without getting into any specifics,” Mander contended in his plea.On the second allegation, Mander argued that the allegation is so vague that it could not possibly make any basis for a criminal investigation.“It is pertinent to reiterate that this is not a FIR/RC filed in any kind of haste but the result of a seven-and-a-half-month preliminary enquiry. This FIR is clearly intended to harass and humiliate the Petitioners and without any legal standard and thus deserve to be quashed," it was submitted.Senior Advocate Nitya Ramkrishna appeared for Mander. The plea was filed through advocate Sarim Naved.
TAGS: Delhi High Court Central Bureau of Investigation (CBI) Harsh Mander Centre for Equity Studies (CES) Foreign Contribution (Regulation) Act (FCRA)
