It is imperative to refer to the statutory regime. The Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as ‘the 1976 Act’) was enacted to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain persons or associations with a view to ensure that parliamentary institutions, political associations, academic and other voluntary organisations as well as other individuals working in important areas of national life may function in a manner consistent with the values of a sovereign democratic republic and the matters connected therewith and incidental thereto” – The Supreme Court of Bharat while narrating the necessity of Foreign Contribution (Regulation) Act 2010 (“FCRA”) in a judgment on March 6, 2020
In an unprecedented move, the Union Ministry of Home Affairs has set up an inter-ministerial committee to coordinate investigations into violation of various legal provisions and to probe the nefarious funding received by the Gandhi family-run and Congress party controlled foundations. A Special Director of the Enforcement Directorate will head the official panel that will look into all aspects of funding and the functioning of the Rajiv Gandhi Foundation (RGF), Rajiv Gandhi Charitable Trust and the Indira Gandhi Memorial Trust. The rattled Congressis are crying foul and vendetta over the action. But, if we go through the prima-facie evidence, the trusts have manipulated the laws at least on three counts.
A Political party having a think tank to give policy inputs is nothing new. The problem arises when the same foundation or think tank uses political links to generate resources for the trust or foundation. The Rajiv Gandhi Foundation (RGF) was set up on June 21, 1991, to realise the vision of Shri Rajiv Gandhi. It was good enough to promote the vision of the Late Prime Minister, but another trust was created in 2002 with the almost similar objectives and again Smt Sonia Gandhi at the helm of affairs. The list of donors for Rajiv Gandhi Institute of Contemporary Studies (RGICS), a think tank promoted by RGF includes Chinese Embassy, and People’s Daily, the mouthpiece of Chinese Communist Party (CCP) is the major problem area. “Enhancing the effectiveness of democratic politics as an instrument of social change towards a just social order” is the stated vision of the institute. By taking funding from the dictatorial regimes like CCP, what kind of democratic culture the foundation wanted to enhance?
Among the many donors for RGICS is Naviraj Estates Private Limited, which has fugitive businessman Mehul Choksi as one of the directors, also had funded the Sonia Gandhi-led Foundation. These funding become even more problematic as Congress was the ruling party in this period. Shri Kamal Nath as the Commerce Minister ensured market access to the Chinese companies leading to an increase in the trade deficit with China. Shri Chidambaram as Finance Minister allegedly facilitated loans for people like Choksi. Shri Rahul Gandhi has been concerned about both – the China policy and defaulters like Choksi fleeing the country. Now he has got the opportunity to come clean on these issues.
In any case, these foundations and trusts come under the various legal frameworks of the land. If public money like contributions made to the Prime Minister National Relief Fund, which essentially meant to assist the ordinary people, was diverted to the RGF, then the fiefdom foundations have to give accounts of every paisa for this fraudulent divergence.
The Supreme Court is categorical in a recent judgment about receiving foreign funds for the political activity. Congress cannot say that the trusts under scanner are non-political because of their stated objectives. Congress and corruption are synonymous in our national politics. Still, this enquiry may bring out the larger question of foreign money being pumped into the system to influence the political discourse of Bharat and therefore, should be welcomed by all.
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