Plea seeking investigation against Kejriwal and Bhushans for FCRA violation dismissed [Read Judgment]

The Delhi High court has dismissed a petition filed by Advocate Manohar Lal Sharma, seeking issuance of writ of mandamus to the Ministry of Home Affairs to register a criminal case against Shanti Bhushan, Prashant Bhushan, Arvind Kejriwal and Manish Sisodia under Foreign Contribution (Regulation) Act, 2010 (FCRA) and to conduct day-to-day trial proceedings within supervision of High Court.

When this case was reserved for judgement, the petitioner had handed over an affidavit of one Mr. Neil Terrance Haslam deposing that the above named respondents have a direct connection with one Mr. Daud Ibrahim residing in Pakistan who has arranged funds for them through USA, Canada. But the court did not find it necessary to record.

The court said “we do not find any reason as to why the investigative agencies to whom the petitioner has already complained would not look into or are not looking into the allegations or would not discover the truth.”

The court also said ”Not only has the State/State Agency not refused investigation or a willingness to look into the allegations made in the petition against the respondents but from a perusal of the records produced before us we find the State to have, in the context of each and every averment made in the present case, launched an inquiry/investigation in accordance with law. The petitioner has also not been able to make out a case of the likelihood of the investigation against the respondents being not fair and proper, owing to political factors or owing to the investigative agencies being under the administrative control of the respondents.”

Read the Judgment here.