New Delhi: The Centre has given permission to the Central Bureau of investigation to prosecute Amnesty International India and its former chief Aakar Patel for alleged violations of Foreign Contribution Regulation Act. This paves way for a special court to take cognizance of its chargesheet filed on December 31, 2021, said officials on Tuesday.
The CBI sought the sanction of government to prosecute the international human rights organization because of mandatory clause of Section 40 of Foreign Contribution Regulation Act.
Section 40 bars any court from taking cognizance of the offence under the FCRA without the previous sanction of the Central government or any officer authorised by that government on this behalf.
On December 31, 2021, chargesheet was filed by the agency in the Special CBI Court at Rouse Avenue against Patel and Amnesty International India under Section 11 read with Sections 35 and 39 of the Act after a two-year probe into alleged violations, they said.
They further added that on April 18 court will take cognizance of charges. Following the chargesheet, a Look Out Circular (LOC) against Amnesty International India former chief on the basis of which he was stopped from leaving Bangalore Airport for the US where he was scheduled to deliver academic lectures in various universities.
Withdrawal of LOC was allowed by a magistrate court but on last Friday the order was overturned by Special Judge who had asked Patel to not leave the country without its permission.
In 2019 a case was registered against Amnesty International India Pvt Ltd (AIIPL), Indians For Amnesty International Trust (IAIT), Amnesty International India Foundation Trust (AIIFT), Amnesty International South Asia Foundation (AISAF) and others.
The officials said that it was alleged the provision of the FCRA and IPC were contravened by the mentioned agencies as they were receiving foreign contributions from Amnesty International UK through AIIPL even though prior registration or permissions were denied to AIIFT and other trusts under FCRA.
After the searches that took place post-FIR, Amnesty International India alleged, “Over the past year, a pattern of “harassment” has emerged every time Amnesty International India stands up and speaks out against ‘human rights violations’ in India.”
In a statement Amnesty said, “Amnesty International India stands in full compliance with Indian and international law. Our work in India, as elsewhere, is to uphold and fight for universal human rights. These are the same values that are enshrined in the Indian Constitution and flow from a long and rich Indian tradition of pluralism, tolerance, and dissent.”
As per the complaint filed by the Home Ministry to CBI, AIIPL is a ‘for-profit’ company. It was observed that the London-based Amnesty International worked through four companies, which have been named by the CBI in the case.
It is alleged that an payment of ₹ 10 crore, being classified as FDI was handed to Amnesty India from the London office without taking the home ministry’s approval.
Another ₹ 26 crore was handed to Amnesty India, “primarily from the UK based entities,” it alleged.
It charged, “All such receipts have subsequently been expended on Amnesty’s NGO activities in India, in violation of FCRA.”
Several attempts on to obtain prior permission or registration under FCRA were made by Amnesty, failing which, it used “commercial methods to evade FCRA”, it alleged.
It further alleged that Amnesty India received funds for purposes like ‘service contract’, ‘advance income’ and FDI through automatic route.
Out of ₹ 36 crore received, ₹ 10 crore was handed as FDI, and ₹ 26 crore as payment for consultancy services, it claimed.
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