Foreign Funding of Political Parties: ADR files Contempt Petition, Delhi High Court issues show cause notice to Govt. of India

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Mar 21, 2017, 6:29:55 AM3/21/17
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Press Release

Foreign Funding of Political Parties: ADR files Contempt Petition, Delhi High Court issues
show cause notice to Govt. of India 



New Delhi, March, 21, 2017: Delhi High Court today issued show cause notice to the Home Secretary, Govt. of India for not implementing its March 28, 2014 order of taking action against Congress and BJP for violating the provisions of Foreign Contribution (Regulation) Act (FCRA), 1976. The notice was issued after a Contempt Petition filed by Association for Democratic Reforms’ (ADR) and Mr. E.A.S. Sarma was accepted by the Delhi High Court (HC) today. The HC directed the Govt. of India to file its reply within four weeks. The next date of hearing is July 20, 2017.

 

The Delhi HC 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 FCRA, 1976. The government was required to comply with the Delhi High Court order within six months. (Click here) 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  The SLPs in the Supreme Court were “dismissed as withdrawn” on November 29, 2016. Despite the fact that there was no interim relief granted by the Apex court on the SLPs filed by BJP and INC, the government remained completely noncompliant and recalcitrant.

 

On Dec 5, 2016, ADR wrote letters to the Ministry of Home Affairs (MHA) and Election Commission of India (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. Contempt petition was subsequently filed by ADR as Government of India has willfully disobeyed the direction of the High Court and failed to take action against the offenders even after three years of passing of the said judgment of the High Court. (Click here to access the Contempt petition). 

Thanks & Regards,

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IIM Bangalore

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Press Release on ADR's Contempt petition in Foreign Funding of Political Parties Case.pdf
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