Kerala High Court3x2-compressed

“Kerala Govt Moves HC to quash CBI FIR in ‘LIFE Mission’ Case”

LIFE is housing project mooted by the Kerala Government for the benefit of the homeless citizens. The issue relates to the project for the construction of 140 housing units in Thrissur district.

The Kerala Government has approached the High Court of Kerala against the FIR registered by the CBI alleging violations of the Foreign Contribution Regulation Act in relation to the Life Mission Project.

The plea seeks to cancel the FIR registered by the Central Agency on September 24 to the extent where it relates to public servants under the government. As per, the appeal filed in HC, 2019, ‘The Red Crescent Authority’ of the United Arab Emirates offered to sponsor the project. In response to the violation of FCRA norms, Anil Akkara, legislator belonging to Congress Party filed a complaint before CBI on 20th September. After four days, CBI registered the FIR under Section 35, read with Section 3 of the FCRA and Section 120B of the Indian Penal Code.

Upset by the linking of public servants to the FIR, the CEO of LIFE Mission moved the High Court of Kerala Under Section 482 of the Code of Criminal procedure.  The appeal states that neither Kerala Government nor the officials of LIFE Mission have accepted any foreign contributions and that the government was not a part of it. Later, it is stated that Unitec and Sane Ventures, being construction companies carrying out work on agreement basis with Red Crescent, do not come with the purview of Section 3 of the FCRA.

The competence of the CBI to register the FIR is also questioned. It is contended that section 43 of the FCRA does not empower the Central Government to issue a notification advising the agency to conduct any investigation. Under 17A of the Prevention of Corruption Act it is stated that the government alleges the move of the CBI to expand the scope of the FIR to undertake an enquiry against the government officials.

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