Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

[Sarbajit Roy]

Dear respected Shanti Bhushanji

I most respectfully amplify your kind explanation to set out, for our subscribers and also your review, the present legal position based on FCRA (2010) in seriatim.

3. (1) No foreign contribution shall be accepted by any—
(a) candidate for election;
..
(e) political party or office-bearer thereof;
..
(f) organisation of a political nature as may be specified under sub-section (1) of section 5 by the Central Government;

####
2(h) “foreign contribution” means the donation, delivery or transfer made by any foreign source,—
..
ii) of any currency, whether Indian or foreign;
..
Explanation 1.— A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause.

(j) “foreign source” includes, —
..
(x) a citizen of a foreign country;

Accordingly, the keyword "includes" in section 2(j) does not "exclude" NRI's as "foreign source". My reporting of what transpired in Court on 11.Oct and 23.Oct before Justice Nandrajog is substantially correct, and the term "includes" was squarely at issue, which was buttressed with submissions from other laws by the Petitioner therein- resulting in the order.

You may also have noticed that the words "delivery" and "transfer" also constitute contraventions, so nobody can deliver or transfer INDIAN CURRENCY on their behalf either.

In the circumstances, and seeing as how there is no restrictions on how political parties SPEND their money on non-political activity (like buying up prime real estate in Delhi), it may be prudent to recoup your personal investment in AAP and dissolve the party.

The banners/platforms of "India Against Corruption", "National Campaign for Political Reform in India" etc. have been carefully maintained for all like minded forces to combat the systemic and all pervasive decay in Constitutional bodies - especially the higher judiciary - and thereby rescue the nation. For eg. it is indeed a sad day for India when a judge of a High Court must openly bribe his seniors to get assigned to "wet" benches, or, the blood relations of judges of a High Court are practicing as designated seniors of the same court - and I can say this as IAC has the certified documents obtained under RTI after considerable struggle from the Court concerned.

With highest regards

Sarbajit Roy.

On 10/25/13, Shanti Bhushan <shant...@gmail.com> wrote:
> Sec 2(j)(x) of FCRA only defines a citizen of another country as a foreign
> sourcr and not a citizen of India even if resident abroad .So acceptance of
> any donation from a non resident Indian Citizen is fully permissible.
>
> Sent from my iPad
>
> On Oct 24, 2013, at 11:45 PM, Sarbajit Roy <sro...@gmail.com> wrote:
>
>> Ravi
>>
>> Congress has too many big shot advocates and fixers, same goes for
>> BJP, who know law at their fingertips. Poor AAP only has Prashant
>> Bhushan, who made an ass of himself in High Court on the last to last
>> hearing, and also failed to turn up on 23.Oct.
>>
>> The language of the law is clear, no money from overseas sources can
>> be accepted by any political party. Prashant Bhushan made out some
>> convoluted argument in court that they had been cleared of these
>> charges in IAC times - Judge told him - IAC was not a political party,
>> and in any case money went to PCRF and not IAC as you deposed in SC.
>> AAP is a political party and will be reinvestigated for its sources of
>> funding from the date you formed the party - 26.Nov.2012 !!~
>>
>> Then Bhushan made another silly argument - If NRIs now have the right
>> to  vote (since 2010) then they have equally right to finance
>> candidates for local elections and their money is not from a "foreign
>> source". Hon'ble Judge asked him to read the definition of "foreign
>> source" in FCRA - that shut him up (his face turned red) and he didn't
>> show his face next hearing but sent his junior.
>>
>> The way it will now be rigged is the FCRA investigation of the foreign
>> funds - which will be controlled by Congress (MHA - Chiddu). AAP was
>> always a Congress dog, now they will be a LEASHED Congress dog. Who
>> knows - Sonia may even make AK as her next CM for Delhi. Already all
>> the top AAP brass are said to still have FIRs / cases pending (for
>> rioting, destruction of public property etc.) so they are themselves
>> eliminated by their own code of conduct.
>>
>> BJP knows this, I wouldn't be surprised if they try some appeal to
>> AK's fake "Gandhian/Swarajist" conscience - Modi, Anna, Ramdev and
>> other "eminent" citizens like Ramdas, Tahiliani,  VKS, Govindacharya
>> etc. etc. may request that AAP should vacate the field in national
>> interest and all sons and daughters of Bharat-mata should come
>> together again to defeat anti-Swaraj forces..
>>
>> Ask yourself the real question, If AAP "kids" trip up on such
>> elementary points of law, can we trust them to run 1 State let alone
>> the Country without help from wiser people ?
>>
>> On 10/24/13, Ravindran P M <ravifor...@gmail.com> wrote:
>>> Wow! I thought it was the Congress that was THE foreign financed party
>>> and
>>> liable to be banned for FCRA violations. How can AAP align with them?
>>>
>>> regards n bw
>>>
>>> ravi
>>>
>>>
>>> On Wed, Oct 23, 2013 at 8:37 PM, Sarbajit Roy <sro...@gmail.com> wrote:
>>>
>>>> Dear IAC friends
>>>>
>>>> In a potentially welcome Delhi HC decision today for democracy, the
>>>> foreign financed party is liable to be banned for FCRA violations..The
>>>> Hon'ble Court has set the next date as 10 Dec 2013, 2 days after the
>>>> election
>>>> result.
>>>>
>>>> This may influence AAP to side with Congress in event of a split
>>>> verdict.

[Sarbajit Roy]