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Centre gives clean chit to Kesri in foreign donations case

The government today gave Congress president Sitaram Kesri a clean chit in the Foreign Contribution Regulation Act case.

The government said investigations have revealed that the FCRA was not applicable to the Rs 37.5 million donations, allegedly received by the party between 1993-95 when Kesri was the treasurer.

Additional Solicitor General T R Andhyarujina submitted before the Delhi high court, ''After elaborate investigation by various agencies, we have come to the conclusion that there was no violation of FCRA in this case.''

Interestingly, the investigation agencies cleared Kesri's name in another case just six days ago: bribing legislators during his election to the Rajya Sabha in 1988 and 1994 and amassing assets disproportionate to his known source of income.

On November 21, the Central Bureau of Investigation had submitted before the Delhi high court's division bench that there was no material on record to show that Kesri had made any attempt to 'bribe' the Bihar legislators to win his Rajya Sabha seat. The agency also said that there was no evidence to prove that the 'huge money' amassed by his son Amarnath Kesri had any connection with the Congress president.

The additional solicitor general stated before a division bench consisting of Justices Mahinder Narain and S K Mahajan that investigations have proved that the companies which, donated money to the Congress, were in existence and registered in various countries.

It had been allleged that the four companies -- Dierra Trading Corporation (Antigua), Dominian Trading Corporation (Isle of Man, British Virgin Island), Berkley Business Corporation (Antigua) and Decor Trading Corporation (British Virgin Island) -- were not in existence and were 'fraud' institutions.

The court was hearing a public interest petition filed by Patna-based freelance journalist Madhuresh Kumar, seeking Kesri's prosecution for the alleged FCRA violation as he was the Congress treasurer at that time.

The additional solicitor general said that 51 per cent of the shareholders of the four companies were non-resident Indians. The companies were registered in the three countries and the money was not a foreign contribution.

''We are satisfied that they are registered as companies and have branches in various countries and their existence is not in doubt,'' he said. ''But none of their officials was in India.''

The judges observed, ''It is not the question of your satisfaction. We have to be satisfied whether FCRA was applicable or not. You may come to any conclusion, but it is for the court to reach a conclusion.''

The bench asked the additional solicitor general whether the investigating agencies have ascertained who promoted the companies and directed him to place the information on the court's record.

But he showed his disinclination towards placing the information on record, saying that there was no reason for making available the information to the petitioner. He said he was ready to present the record for the court's perusal.

The bench ruled that ''the information should be filed in the shape of an affidavit''.

The petitioner had all rights to receive a copy of the affidavit since he was also assisting the court and ''there is nothing to be hidden in the case''.

The judges gave the central government counsel one week's time to place the affidavit on record and adjourned the case to December 12.

UNI

EARLIER REPORT:
Delhi high court directive to govt in Kesri case

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