The CBI has written to the Union law ministry seeking clarification over alleged violation of Foreign Contribution Regulation Act (FCRA) by more than 20 NGOs located in different parts the country. The agency has asked the law ministry to clarify whether the CBI can take suo moto action against the erring NGOs or should first seek consent of the concerned state governments.
Sources in the agency said, “The Union home ministry has referred more than 20 cases of alleged misuse of foreign contribution by NGOs to the CBI. Majority of the NGOs are located in different parts of the country. As per the Delhi Special Police Establishment (DSPE) Act, the CBI can suo moto take up investigation of offences which take place in the Union Territories. Taking up investigation by the CBI in the boundaries of a state requires prior consent of that state government as per Section 6 of the DSPE Act.”
This is the reason that the agency decided to seek clarification of the Union law ministry in this regard, sources added.
Sources further clarified, “The Central government can authorise CBI to investigate a crime in a state but only with the consent of the concerned state government. The Supreme Court and high courts, however, can order the CBI to investigate such a crime anywhere in the country without the consent of the state.”