CBI charge sheet against award-winning environment lawyer for FCRA breach | Latest News India

The Central Bureau of Investigation (CBI) has registered a case against Ritwick Dutta, an award-winning lawyer specialising in environmental issues, and the environmental law advocacy group cofounded by him – LIFE (Legal Initiative for Forest and Environment), for alleged violation of foreign contribution regulation act (FCRA), people familiar with the development said on Friday.

The case against LIFE comes days after a FCRA probe was initiated by CBI against Oxfam India and its office bearers for violating multiple sections of the law. (HT Photo)

The federal agency has registered the case on April 19 based on a reference from the ministry of home affairs (MHA), which asked it to probe the FCRA violations.

According to the first information report (FIR), seen by HT, it is alleged that “Ritwick Dutta received ₹41 lakh as foreign contribution in 2013-14 and thereafter he created LIFE Proprietorship which received ₹22 crore from Earth Justice USA as professional receipt and it is alleged that LIFE and EJ USA are in the process of stalling coal projects in India”.

“It is further alleged that EJ and Sandler Foundation are trying to take down India’s existing or proposed coal projects and ECF (European Climate) is routing $120,000 via EJ to LIFE for litigation,” the FIR stated.

The Income Tax department had carried out a survey operation against LIFE in September last year, during which it found various anomalies on receipt and usage of foreign funds.

The case against LIFE comes days after a FCRA probe was initiated by CBI against Oxfam India and its office bearers for violating multiple sections of the law.

In its reference of the CBI for probe against LIFE, which is part of FIR, MHA has stated that EJ and LIFE were complicit in bringing foreign funds into India to target and stall coal projects, which is an FCRA violation and it impacts economic security of India.

“Receipts by LIFE from EJ, masked as ‘professional receipts’, was actually funding for targeting and stalling development projects. LIFE was not offering legal advice to EJ for financial consideration, but being paid foreign funds to stall development projects. In none of the cases was EJ a litigant, while in all, LIFE was the litigant. In FY 20-21, agreement between LIFE and EJ, USA shows that EJ funded LIFE for litigation in Indian Courts, more in the form of grants to litigate but not in EJ’s name,” MHA letter states.

EJ, according to MHA, proposed a 5-point strategy “to put pressure on the relevant government (s) and/or the project proponent” and asked Dutta to suggest a project as case study for an international session (April 2017) to study the application of international strategies to a case in India”.

The ministry said that EJ and Sandler Foundation, USA “were proposing to fund legal activism and take-down India’s existing or proposed coal projects, a violation of FCRA”.

“These funds were meant to harm India’s national economic security. ECF (most likely European Climate) is routing $120,000 via EJ to LIFE for litigation. The cases on which LIFE was the litigant, were actually funded by EJ or ECF, both of which were not litigants,” it added.

Besides, “it is also reported that the (LIFE) association has transferred foreign contribution to the NGOs in violation section 7 of the FCRA. It has been further intimated that the association is receiving and utilising foreign contribution for purposes other than that for which it is registered”.

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