The Centre has told Delhi High Court that the government has a "robust and efficient" system to implement the foreign contributions regulations law as it has already imposed penalties, frozen accounts and referred to CBI and state police several NGOs for violations.
The government in its affidavit filed before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said there was no need for any tribunal or body for enforcement of the Foreign Contribution (Regulation) Act, 2010, as doing so would be a "wastage of precious resources in terms of money and man power, both of judiciary as of executive".
The submissions were made in response to a PIL by an NGO, Association of Democratic Reforms (ADR), seeking creation of an independent body to implement the FCRA on grounds that conflict of interest hampered implementation of its provisions by the government, as political parties which allegedly violate this law were part of the ruling establishments sometime or the other.
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ADR has alleged that implementation of FCRA appeared to be strict on NGOs but not on politicians. It has claimed that despite a high court judgement last year holding the BJP and Congress prima facie guilty of violating FCRA provisions, the government had not taken any action.
The government in its affidavit has contended that "at present, our system of administering FCRA is robust, efficient, just and fair and there is no need for establishing separate body or tribunal for enforcing FCRA."
"The number of court cases pending in relation to enforcement of FCRA 2010 is 12. The miniscule number of court cases indicates there is no justification for establishment of a separate judicial tribunal for enforcement of FCRA, 2010 as it may lead to wastage of precious resources in terms of money and manpower, both of judiciary as of executive," it has said.
The Centre has contended that the ADR's petition appears to have been preferred on behalf of various NGOs whose registration under FCRA, 2010 has been cancelled for various irregularities and statutory non-compliances.
The government has also said in its affidavit that "to
ensure that foreign contribution is not misused or diverted, a monitoring unit in the FCRA wing has been designated to monitor the receipt and utilisation of foreign contribution".
It said several instances of NGOs violating provisions of FCRA 2010 and FCRR 2011 have come to the government's notice.
"Since implementation of FCRA and FCRR, notices were issued to around 21000 associations in 2011 and to 10343 associations in 2014 for not filing annual returns continuously for three years.
"Consequently, registration of 4138 associations was cancelled in July 2012 and of 10117 in March 2015 after issue of show cause notices to such associations and giving them adequate opportunity to reply to the same. After inspections and scrutiny of accounts, 24 cases were referred to CBI and 10 to state police for further investigation and prosecution," the affidavit said.
It also said "the accounts of 34 associations have been frozen and that 66 associations have been prohibited from receiving foreign contribution. That in 2014 penalty amounting to over Rs 5.20 crore had been imposed on 341 associations for late or non-submission of mandatory annual returns and of Rs 51.99 lakh on 24 associations for receipt and utilisation of foreign contribution without obtaining registration or prior permission under FCRA.
