From Our Bureau
NEW DELHI: The Supreme Court on Thursday dismissed a plea by the Association for Democratic Reforms, seeking politically neutral body to oversee implementation of the Foreign Contribution (Regulation) Act (FCRA).
A bench of Justices Sanjiv Khanna and MM Sundresh dismissed the appeal against Delhi High court ruling, stating that the doctrine of necessity would apply in the case.
The Court also noted that the recent Election Commissioner case before a constitution bench, which advocate Prashant Bhushan cited as an example, was in a larger context and not comparable to this case.
However, the order will not come in the way of raising individual grievances, the Court clarified.
The Delhi High Court on January 10 this year dismissed the public interest litigation (PIL) petition by ADR after holding that there was nothing to show that FCRA was being used selectively against non-governmental organisations (NGOs).
ADR had filed a plea arguing that there is an inherent conflict of interest in the Central government enforcing the FCRA. The plea noted that a political party in power could have differing perspectives on development, public policy, and national interest, making it difficult for them to implement the Act impartially.
ADR also expressed concerns about the enforcement of the FCRA against political parties, stating that there is a possible conflict of interest due to the close connection between the bureaucracy and the political executive. This could result in certain political parties being exempt from penalties for FCRA violations.
The plea also pointed out that the FCRA could potentially hinder judicial independence, as it prohibits judicial officers from accepting foreign contributions, leading to the wrongful use of the Act against judicial officers.
