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Court against giving clean chit to Kesri

The Delhi high court has taken strong exception to the Union home ministry's decision to ''close'' the four-year-old Foreign Contribution Regulation Act violation case against the Congress. The party had allegedly received Rs 35 million in donations during Sitaram Kesri's tenure as party treasurer.

In a significant development, the United Front government had informed the high court yesterday that it had 'closed' the case, saying the donations received from the alleged 'fake' foreign companies in 1993-94 cannot be treated as foreign contributions under FCRA.

The decision to close the file, as conveyed to the Delhi high court by Additional Solicitor General T R Andhyarujina, meant that no further investigation will be carried out into the case.

Castigating the central government for the step, a division bench comprising Justices Mahinder Narain and S K Mahajan observed, ''It was for the court to reach any conclusion and the decision whether there is any further scope for inquiry should also be left to the court as the matter was before it.''

The government should satisfy the court regarding the outcome of its investigations and should produce various documents and records to prove its point, the bench said. ''The court cannot close the case merely because the government felt that there was nothing in the matter,'' the judges said.

In case the court found there was a prima facie case for carrying out an inquiry, the government was bound to conduct an investigation. ''So it is the question of our satisfaction and not the government's,'' the judges observed.

The judges asked Andhyarujina whether the investigating agencies have ascertained the 'real' people behind the companies and directed him to place the information on the court's record.

The bench had given the direction while hearing a public interest petition filed by Patna-based freelance journalist Madhuresh Kumar which sought the prosecution of all Congress officials at the time of violation of the Act, including Kesri.

UNI

EARLIER REPORT:
Centre gives clean chit to Kesri in foreign donations case

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