What is the system to enforce FCRA: HC asks govt

New Delhi: Delhi High Court today asked the government what system was currently in place to enforce the Foreign Contribution Regulation Act (FCRA) as it took up a PIL seeking creation of an independent body to implement the law.

"File an affidavit explaining what is the system in place as on date," a bench of Chief Justice G Rohini and Justice Jayant Nath told the government and listed the matter for further hearing on February 3 next year.

Advocate Vidur Mohan, appearing for the government, said the petition was not maintainable and told the court that a similar matter regarding funding of some political parties was pending before the Supreme Court.

The high court was hearing a petition by NGO, Association of Democratic Reforms, contending that conflict of interest hampered implementation of FCRA provisions by the government as political parties which allegedly violate this law are part of the ruling establishment sometime or other.

The NGO, in its plea, has sought that an independent body free from political interference be set up to enforce the FCRA, alleging that its implementation appeared to be strict on NGOs but not on politicians.

It has also sought that FCRA should be kept out of reach of the "political masters", alleging that they could exert undue influence on the executive to act or not to act.

It has further claimed that despite a high court judgement last year holding the BJP and Congress prima facie guilty of violating FCRA provisions, the government had not taken any action. This, it said, demonstrated the need for an independent body to administer and enforce the FCRA.