SC Upholds Second FIR Against Christian Charitable Trust; Paves Way For CID Investigation

The Supreme Court has paved the way for a CID investigation against OM-Operation Mobilization, a Hyderabad based Christian charitable trust, by dismissing its Special Leave Petition.

The Bench comprising Justice Ranjan Gogoi, Justice Abhay Manohar Sapre and Justice Navin Sinha directed the investigation to be concluded “as expeditiously as possible and action, if required, in accordance with law be initiated thereafter”.

The complaint against the NGO was filed in September, 2016 by its former Chief Finance Officer (CFO) G. Albert Lael, who had alleged that OM and its Principal Trustee Joseph D’souza had amassed more than Rs. 100 crore charity money. This money was given by foreign donors who were under the impression that the money would be used for a programme to educate Dalit children. It was been alleged that this money was diverted to enrich the trustee instead.

The NGO had then challenged the FIR against it before the Hyderabad High Court, contending that this was a second FIR on the same facts, as another FIR was registered against it in 2012 and was subsequently closed due to lack of evidence.

The High Court had, however, held that the second complaint was maintainable and that the investigation should proceed, “as finding the truth is the ultimate aim of any criminal investigation”. It had noted that the two FIRs in question deal with difference offences. While the first FIR dealt with violation of several provisions of the Indian Penal Code, the second FIR alleged violation of the provisions of the Foreign Contribution (Regulations) Act, 2010.

It had further made reference to several precedents and noted that a second complaint on the same facts could be entertained in exceptional circumstances, where the “previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.”.