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Author: Pioneer News Service
Publication: The Pioneer
Date: April 22, 2007
For the first time, the Centre has admitted it is looking into allegations of foreign funding by support groups of the Medha Patkar-led Narmada Bachao Andolan. The admission is part of an affidavit filed by the Centre on a PIL seeking a CBI probe into activities of the NBA for sabotaging the construction of Sardar Sarovar Project (SSP) in Gujarat and Madhya Pradesh through violent means.
The Centre has "emphatically denied" the allegation by the anti-dam groups that there has been violation of human rights in the course of construction of major irrigation projects in MP and Gujarat.
In its 12-page affidavit filed before the Supreme Court, the Ministry of Home Affairs (MHA) said action would be initiated after the outcome of an on-going probe.
An Ahmedabad-based NGO, National Council for Civil Liberties (NCCL), through its secretary VK Saxena, had filed a PIL seeking a probe into the activities of the NBA, alleging that the outfit was acting at the behest of foreign powers and creating political instability in India on the strength of funds received by its support groups in violation of the Foreign Contribution (Regulation) Act.
The reports filed by the MP Vigilance Department and State police corroborated the allegation of foreign funding of the anti-dam movement spearheaded by the NBA. These reports also confirmed that some of the support groups of the NBA did receive foreign funding to run the movement. With the Centre disclosing it had not given any permission to these to groups to receive foreign funds, action against them looks inevitable. This could come as a major source of embarrassment to Medha Patkar and NBA.
In the affidavit, the Centre said that the MHA had not accorded permissions to Arohi Niyas and Sarvodaya Sikshan Samiti Malcha (both in Madhya Pradesh) to receive foreign funds. In the absence of the complete address of the NGOs, the concerned Government designated agencies have been requested to confirm the facts about the receipt of foreign contributions so that appropriate action may be initiated, if violation is confirmed against the concerned individuals and associations, for failure to comply with provisions of FCRA." The provisions in FCRA requires that an association can receive foreign contribution only after obtaining the prior permission of the Centre.
Further, the affidavit said NBA, Delhi Forum and Maharashtra-based Lok Samiti, had not been granted permission to receive foreign funds. The NBA has refuted the allegations of NCCL and has questioned the maintainability of the PIL, contending that it was filed by suppressing some crucial facts and a personal battle was being fought by "misusing the judiciary". The court had on July 7 last year issued notices to the Centre, the NBA and one of its activists Rahul Banerjee on the NCCL's plea for a CBI probe into the alleged illegal activities of the NBA.
It has not yet issued notices to Patkar and the CBI. The NCCL has contended that Banerjee was handling the affairs of the MP-based NGOs supporting the NBA in its activities and criminal cases, including a charge of sedition has been registered against him. The Centre's affidavit also mentioned about a complaint received in 2002 by the then Minister looking after the Narmada project in Gujarat, alleging receipt of funds by NBA, which on inspection of books of accounts did not reveal any instance of violation of FCRA.
In response to the allegation that activists of the NBA were resorting to violence and unlawful means in their protest, the MHA maintained that "in case NBA, Patkar and Banerjee are engaging in such actions, undoubtedly action in accordance with law ought to be taken by concerned agencies".
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