Case against Kesri adjourned to Friday

The Delhi high court today adjourned till Friday the hearing on a public interest petition seeking prosecution of Congress President Sitaram Kesri for allegedly violating the Foreign Contribution Regulation Act by receiving Rs 37.5 million as donations for the party between 1993 and 1995.

The division bench of Justice Mahinder Narain and Justice S K Mahajan, adjourning the matter for the day, ruled that the case will be taken up as the first item on Friday morning.

Though counsel for the petitioner Shanti Bhushan was inclined to argue on certain points of FCRA applicability in the matter, counsel for the All-India Congress Committee G L Sanghi objected to his pleading, saying that it was taking the court into the merits of the case.

He said that the petition was liable to be dismissed before admission on the grounds that it was a malicious petition meant to target and tarnish the image of Kesri and was a personal petition and not a public interest litigation.

However, the bench overruled the contention of the AICC counsel and allowed Bhushan to argue the matter on Friday morning.

The court asked Additional Solicitor General Abhishek Manu Singhvi to explain through what sources the government had come to know that non-resident Indians held more than 50 per cent shares in the three fake trading companies, Decode, Doiba, and Demonian, -- which are alleged to have made the donations to the Congress party during the period when Kesri was the party treasurer.

Dr Singhvi said that the law ministry's opinion in this matter was based on the information provided to it by the AICC, where it was stated the party had received the donations from the companies, where more than 50 per cent share was held by the NRIs.

The public interest petition has been filed by Patna-based freelance journalist Madhuresh Kumar charging Kesri and other office-bearers of the Congress during 1993-95 with accepting donations in violation of the FCRA.

Dr Singhvi said that the government has not taken any decision on the matter and the statement of the law ministry was just an opinion in the case. "We are still investigating and inquiring into the case and the question of applicability of FCRA on the donations was still open before the government," he submitted.

He said that the ministry of home affairs had, even before it received the details from AICC, sought a report in this regard from the high commissions of Singapore and West Indies where the bank accounts of the said companies were held. This was besides asking the Enforcement Directorate to investigate the matter.

The AICC on Wednesday filed its reply to the petition stating that the donations were not in violation of the FCRA.

Earlier report: Govt not yet decided on applying FCRA to Congress

UNI