Friday, October 25, 2013

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Dear Sureshan

Sometimes we must sensationalise the Headline to make people read the copy :-)

The penalty under the FCRA Act is upto 5 years and its investigation is as though it is a cognisable offence. Not very surprisingly, the "Treasurer" of the AAP is a relatively unknown person - who shall gladly go to jail so that all this "hawala" business can take place legally. This is a perfectly legal way to bring foreign money into India, without paying taxes and accounting (since the amounts are kept below Rs. 20,000) and which can be distributed for any purpose without any questions being asked by anybody.



On Fri, Oct 25, 2013 at 4:50 PM, SURESHAN P <sureshandelhi@gmail.com> wrote:
No body has a power to ban any political parties, Even they violates all conditions of registration of political parties still no Acton can be taken. Our law very much ambiguous and confusing, So once u are political party nothing to worry , even no return no accounts .. no action... Election commission is the only authority which can de-rgister a political party ,, ironically such provision is not there in the statue book ,,, so all the political parties registered with the commission remains as political parties even though many of them are already extinct............... 

    


On Fri, Oct 25, 2013 at 12:49 PM, Gaur J K <gaurjk@hotmail.com> wrote:

25/10/13
 
How many political parties has been banned or disbanded on ground of foreign funding since Independence?
Surely AAP will not be the first.
There are so many ways to get around foreign funding. An NRI earningD.1000 pm can remit D.10000 PM to his family and no questions are asked. This can be used to finance any activity including donation to political party or any other unlawful activity.
Gaur. 
 
Date: Thu, 24 Oct 2013 05:19:58 +0530
From: raviforjustice@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Wow! I thou
ght it was the Congress that was THE foreign financed party and liable to be banned for FCRA violations. How can AAP align with them?

regards n bw

ravi


On Wed, Oct 23, 2013 at 8:37 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear IAC friends

In a potentially welcome Delhi HC decision today for democracy, the foreign financed party is liable to be banned for FCRA violations..The Hoible Court has set the next date as 10 Dec 2013 2 days after the election result.

This may influence AAP to side with Congress in event of a split verdict.

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Posted by at No comments:

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Dear Sir,

Good evening.

We were really missing your absence from the scene as far as your posts are concerned.

I am really happy that debates and rebuttals are so dignified in nature and tone as well.

Best wishes.

SR
Regards,

SR

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Fri, 25 Oct 2013 19:49:27
To: indiaresists<indiaresists@lists.riseup.net>
Reply-To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

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Posted by at No comments:

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Dear Sarbajit,
     To receive contributions from citizens living abroad holding Indian passports (not all such citizens are NRIs), AAP would have obtained FCRA clearance or would have reported a one time donation. Even if there was a technical violation of any clause, the clearance if applied for can be suspended or cancelled. If clearance was not applied for in advance or the donation was not reported, then the Act would provide for the penalty. Is banning the political party the penalty specified in the Act? All parties would have been banned by now. In my view, anyone holding an Indian passport is excluded from the provision of Section 2. In fact, it can be argued that denial of participation in any political activity would violate the fundamental rights of such citizens. Pavan Nair

On 25 Oct 2013 12:19, "Sarbajit Roy" <sroy.mb@gmail.com> wrote:

Dear respected Shanti Bhushanji

I most respectfully amplify your kind explanation to set out, for our subscribers and also your review, the present legal position based on FCRA (2010) in seriatim.

3. (1) No foreign contribution shall be accepted by any—
(a) candidate for election;
..
(e) political party or office-bearer thereof;
..
(f) organisation of a political nature as may be specified under sub-section (1) of section 5 by the Central Government;

####
2(h) "foreign contribution" means the donation, delivery or transfer made by any foreign source,—
..
ii) of any currency, whether Indian or foreign;
..
Explanation 1.— A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause.

(j) "foreign source" includes, —
..
(x) a citizen of a foreign country;
Accordingly, the keyword "includes" in section 2(j) does not "exclude" NRI's as "foreign source". My reporting of what transpired in Court on 11.Oct and 23.Oct before Justice Nandrajog is substantially correct, and the term "includes" was squarely at issue, which was buttressed with submissions from other laws by the Petitioner therein- resulting in the order.

You may also have noticed that the words "delivery" and "transfer" also constitute contraventions, so nobody can deliver or transfer INDIAN CURRENCY on their behalf either.

In the circumstances, and seeing as how there is no restrictions on how political parties SPEND their money on non-political activity (like buying up prime real estate in Delhi), it may be prudent to recoup your personal investment in AAP and dissolve the party.

The banners/platforms of "India Against Corruption", "National Campaign for Political Reform in India" etc. have been carefully maintained for all like minded forces to combat the systemic and all pervasive decay in Constitutional bodies - especially the higher judiciary - and thereby rescue the nation. For eg. it is indeed a sad day for India when a judge of a High Court must openly bribe his seniors to get assigned to "wet" benches, or, the blood relations of judges of a High Court are practicing as designated seniors of the same court - and I can say this as IAC has the certified documents obtained under RTI after considerable struggle from the Court concerned.

With highest regards

Sarbajit Roy.


On 10/25/13, Shanti Bhushan <shantibhush@gmail.com> wrote:
> Sec 2(j)(x) of FCRA only defines a cit...

>>>> Hon'ble Court has set the next date as 10 Dec 2013, 2 days after the


>>>> election
>>>> result.
>>>>
>>>> This may influence AAP to side with Congress in event of a spl...



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Posted by at No comments:

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Sir

There is a vast body of case law on the subject.

For convenience I can refer to the decision in IAC's very own "Veeresh Malik versus Indian Olympic Association" in Delhi High Court - which decision incidentally is the bedrock for political parties being brought under RTI.by CIC. Please read para 44 onwards from the said judgment.

http://lobis.nic.in/dhc/SRB/judgement/20-01-2010/SRB07012010CW8762007.pdf

In short, the term "include" is used to ENLARGE the language of the statute, and it usage is ordinarily not construed/restricted as "means" (as you have used it).

Nonetheless, the language of the statute under examination is perfectly clear on "foreign sources", even if we take the ordinary or dictionary meanings of the 2 terms.

"Foreign" means "from outside". If currency comes from outside India it is "foreign". This aspect was also clearly debated at time of amending the Rep. of Peoples Act in 2010.

Today when an NRI cannot vote from outside India, the question of his donating money from outside for political activity is excluded equally. We saw very well what happened during the Khalistani, Naga, Tamil etc. separatist movements which were foreign funded by NRIs to wage war against the Indian State. As patriots we cannot permit this and neither should we defend such dangerous propositions.

Sarbajit


On Fri, Oct 25, 2013 at 6:59 PM, Shanti Bhushan <shantibhush@gmail.com> wrote:
The use of the wotd include further show that if a foreign citizen had to be expressly included an Indian Citzen resident outside India could not be deemed to be included just by implication.Nobody can have the least doubt in the matter.

Sent from my iPad





Posted by at No comments:

[HumJanenge] Fwd: The law is in death throes?



---------- Forwarded message ----------
From: Indranil Bhattacharya <indroeb@yahoo.co.in>
Date: 25 October 2013 18:51
Subject: The law is in death throes?
To: "HumJanenge@yahoogroups.co.in" <HumJanenge@yahoogroups.co.in>


Dear esteemed colleagues and friends
Copy-pasted below is the monthly progress report of CIC/IC Mrs Deepak Sandhu.It looks like she is overburdened. What can we do to see that the huge pendency is mitigated or should we request her to resign or hand over a part of the charge to other ICs ? If this the rate of disposal one can say that the our valued Act has is in its death throes.
Pl also go through some of the cases 'admitted' and 'disposed' by clicking on the link.
 
 
rgds
I. Bhattacharya
 
 
Year Month Opening Balance Admitted Disposed Closing Balance
2013 January 3077 731 205 3603
2013 February 3603 387 238 3752
2013 March 3752 525 256 4021
2013 April 4021 830 273 4578
2013 May 4578 796 255 5119
2013 June 5119 791 238 5672
2013 July 5672 748 424 5996
2013 August 5996 322 437 5881
2013 September 5881 507 405 5983
2013 October 5983 490 76 6397



--

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Professor
Screen Studies and Research
Film&Television Institute of India
Law College Road
Pune-411004
tel : +91-20-5431817/25433016 / 25430017 Ext : 273
email : prof.ftii@gmail.com










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Posted by at No comments:

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

The use of the wotd include further show that if a foreign citizen had to be expressly included an Indian Citzen resident outside India could not be deemed to be included just by implication.Nobody can have the least doubt in the matter.

Sent from my iPad

On Oct 25, 2013, at 12:11 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear respected Shanti Bhushanji

I most respectfully amplify your kind explanation to set out, for our subscribers and also your review, the present legal position based on FCRA (2010) in seriatim.

3. (1) No foreign contribution shall be accepted by any—
(a) candidate for election;
..
(e) political party or office-bearer thereof;
..
(f) organisation of a political nature as may be specified under sub-section (1) of section 5 by the Central Government;

####
2(h) "foreign contribution" means the donation, delivery or transfer made by any foreign source,—
..
ii) of any currency, whether Indian or foreign;
..
Explanation 1.— A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause.

(j) "foreign source" includes, —
..
(x) a citizen of a foreign country;
Accordingly, the keyword "includes" in section 2(j) does not "exclude" NRI's as "foreign source". My reporting of what transpired in Court on 11.Oct and 23.Oct before Justice Nandrajog is substantially correct, and the term "includes" was squarely at issue, which was buttressed with submissions from other laws by the Petitioner therein- resulting in the order.

You may also have noticed that the words "delivery" and "transfer" also constitute contraventions, so nobody can deliver or transfer INDIAN CURRENCY on their behalf either.

In the circumstances, and seeing as how there is no restrictions on how political parties SPEND their money on non-political activity (like buying up prime real estate in Delhi), it may be prudent to recoup your personal investment in AAP and dissolve the party.

The banners/platforms of "India Against Corruption", "National Campaign for Political Reform in India" etc. have been carefully maintained for all like minded forces to combat the systemic and all pervasive decay in Constitutional bodies - especially the higher judiciary - and thereby rescue the nation. For eg. it is indeed a sad day for India when a judge of a High Court must openly bribe his seniors to get assigned to "wet" benches, or, the blood relations of judges of a High Court are practicing as designated seniors of the same court - and I can say this as IAC has the certified documents obtained under RTI after considerable struggle from the Court concerned.

With highest regards

Sarbajit Roy.

On 10/25/13, Shanti Bhushan <shantibhush@gmail.com> wrote:
> Sec 2(j)(x) of FCRA only defines a citizen of another country as a foreign
> sourcr and not a citizen of India even if resident abroad .So acceptance of
> any donation from a non resident Indian Citizen is fully permissible.
>
> Sent from my iPad
>
> On Oct 24, 2013, at 11:45 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
>> Ravi
>>
>> Congress has too many big shot advocates and fixers, same goes for
>> BJP, who know law at their fingertips. Poor AAP only has Prashant
>> Bhushan, who made an ass of himself in High Court on the last to last
>> hearing, and also failed to turn up on 23.Oct.
>>
>> The language of the law is clear, no money from overseas sources can
>> be accepted by any political party. Prashant Bhushan made out some
>> convoluted argument in court that they had been cleared of these
>> charges in IAC times - Judge told him - IAC was not a political party,
>> and in any case money went to PCRF and not IAC as you deposed in SC.
>> AAP is a political party and will be reinvestigated for its sources of
>> funding from the date you formed the party - 26.Nov.2012 !!~
>>
>> Then Bhushan made another silly argument - If NRIs now have the right
>> to  vote (since 2010) then they have equally right to finance
>> candidates for local elections and their money is not from a "foreign
>> source". Hon'ble Judge asked him to read the definition of "foreign
>> source" in FCRA - that shut him up (his face turned red) and he didn't
>> show his face next hearing but sent his junior.
>>
>> The way it will now be rigged is the FCRA investigation of the foreign
>> funds - which will be controlled by Congress (MHA - Chiddu). AAP was
>> always a Congress dog, now they will be a LEASHED Congress dog. Who
>> knows - Sonia may even make AK as her next CM for Delhi. Already all
>> the top AAP brass are said to still have FIRs / cases pending (for
>> rioting, destruction of public property etc.) so they are themselves
>> eliminated by their own code of conduct.
>>
>> BJP knows this, I wouldn't be surprised if they try some appeal to
>> AK's fake "Gandhian/Swarajist" conscience - Modi, Anna, Ramdev and
>> other "eminent" citizens like Ramdas, Tahiliani,  VKS, Govindacharya
>> etc. etc. may request that AAP should vacate the field in national
>> interest and all sons and daughters of Bharat-mata should come
>> together again to defeat anti-Swaraj forces..
>>
>> Ask yourself the real question, If AAP "kids" trip up on such
>> elementary points of law, can we trust them to run 1 State let alone
>> the Country without help from wiser people ?
>>
>> On 10/24/13, Ravindran P M <raviforjustice@gmail.com> wrote:
>>> Wow! I thought it was the Congress that was THE foreign financed party
>>> and
>>> liable to be banned for FCRA violations. How can AAP align with them?
>>>
>>> regards n bw
>>>
>>> ravi
>>>
>>>
>>> On Wed, Oct 23, 2013 at 8:37 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>>>
>>>> Dear IAC friends
>>>>
>>>> In a potentially welcome Delhi HC decision today for democracy, the
>>>> foreign financed party is liable to be banned for FCRA violations..The
>>>> Hon'ble Court has set the next date as 10 Dec 2013, 2 days after the
>>>> election
>>>> result.
>>>>
>>>> This may influence AAP to side with Congress in event of a split
>>>> verdict.

Posted by at No comments:

Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

No body has a power to ban any political parties, Even they violates all conditions of registration of political parties still no Acton can be taken. Our law very much ambiguous and confusing, So once u are political party nothing to worry , even no return no accounts .. no action... Election commission is the only authority which can de-rgister a political party ,, ironically such provision is not there in the statue book ,,, so all the political parties registered with the commission remains as political parties even though many of them are already extinct............... 

    


On Fri, Oct 25, 2013 at 12:49 PM, Gaur J K <gaurjk@hotmail.com> wrote:

25/10/13
 
How many political parties has been banned or disbanded on ground of foreign funding since Independence?
Surely AAP will not be the first.
There are so many ways to get around foreign funding. An NRI earningD.1000 pm can remit D.10000 PM to his family and no questions are asked. This can be used to finance any activity including donation to political party or any other unlawful activity.
Gaur. 
 
Date: Thu, 24 Oct 2013 05:19:58 +0530
From: raviforjustice@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] IMHO, AAP may be banned after Delhi elections

Wow! I thou
ght it was the Congress that was THE foreign financed party and liable to be banned for FCRA violations. How can AAP align with them?

regards n bw

ravi


On Wed, Oct 23, 2013 at 8:37 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear IAC friends

In a potentially welcome Delhi HC decision today for democracy, the foreign financed party is liable to be banned for FCRA violations..The Hoible Court has set the next date as 10 Dec 2013 2 days after the election result.

This may influence AAP to side with Congress in event of a split verdict.

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