JUDGMENT

Manmohan, J.(Oral)--The present batch of writ petitions seek to challenge the constitutional validity of Section 43 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as `FCRA') and Rule 22 of Foreign Contribution (Regulation) Rules, 2011 (hereinafter referred to as FCRR) on the ground that they are arbitrary, unreasonable, ultra vires and violative of Articles 14 and 21 of the Constitution of India. The petitioners further seek quashing of the letter dated 4th August, 2017 entrusting the investigation of their cases to the Central Bureau of Investigation (for short `CBI'). The petitioners also seek quashing of the investigation being carried out by the CBI and Enforcement Directorate in pursuance to RC-DAI-2017-A-0036 dated 16th November, 2017 (hereinafter referred to as `RC 36/2017') and ECIR bearing no. ECIR/HQ/19/2017. Section 43 of FCRA as well as Rule 22 of FCRR are reproduced hereinbelow:

A) Section 43 of FCRA:

"43. Investigation into cases under the Act-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act may also be investigated into by such authority as the Central Government may specify in this behalf and the authority so specified shall have all the powers which an officer-in-charge of a police station has while making an investigation into a cognizable offence..

B) Rule 22 of FCRR:

"22. Returns by the Investigating Agency to the Central Government.-The Central Bureau of Investigation or any other Government investigating agency that conducts any investigation under the Act shall furnish reports to the Central Government, on a quarterly basis, indicating the status of each case that was entrusted to it, including information regarding the case number, date of registration, date of filing charge sheet, court before which it has been filed, progress of trial, date of judgment and the conclusion of each case."

RELEVANT FACTS

2. The relevant facts of the present cases are that Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), Monitoring Unit vide its letter dated 04th August, 2017 requested the CBI to carry out investigation in accordance with Section 43 of FCRA. In the said letter, it was averred that M/s. Advantage India and its office bearers had obtained registration under FCRA and during the years 2012 to 2016 had received foreign contributions of about Rupees Ninety crores for undertaking social/educational activities. It was further averred that during inspection under Section 23 of FCRA it was found that M/s. Advantage India had falsely claimed to have spent about Rupees Seventy Two crores on medical facilities and stationery. It was alleged that the claim of M/s. Advantage India, that it had purchased medicines worth Rupees Twenty six crores ninety seven lakhs from M/s. Aastha Pharma and M/s. Hind Pharma was found to be false. It was also stated that M/s. Advantage India had claimed expenses on the basis of forged and fabricated bills raised by its associates. It was pointed out in the said letter dated 04th August, 2017 that the Managing Director, Shri Raman Kapoor of M/s. Accordis Health Care Private Limited company had confessed before the Income Tax Authorities that he had booked bogus expenses and had indulged in over pricing of mobile medical units. CBI was requested to investigate whether the activities of the entities as stated in the said letter also attracted the provisions of other laws, i.e., IPC etc. for having diverted the funds for personal benefit of the office bearers or any other individuals apart from the violations of various provisions of FCRA. The letter dated 04th August, 2017 along with its annexures is reproduced hereinbelow:

"F.No.II/21022/58(0641)/2016-FCRA(MU)//S-3

Government of India