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New Delhi : The National Human Rights Commission (NHRC), India, has “received a communication from Henri Tiphagne, a human rights activist associated with Human Rights Defenders’ Alert, HRDA-India, expressing grave concern over filing criminal cases by the CBI on June 13, 2019, against human rights organization “Lawyers Collective”, senior Advocate Anand Grover and its other unnamed functionaries.
It is mentioned that the FIR has been filed by the CBI on June 13, 2019, under various sections of the IPC, Foreign Contribution Regulation Act, 2010 (FCRA) and Prevention of Corruption Act (PC) 1988. The Ministry of Home Affairs, Government of India, New Delhi, had reportedly written to the CBI on May 15, 2019 for further investigation.
The complainant has stated that the Lawyers Collective is a group of lawyers with a mission to empower and change the status of marginalised groups through the effective use of law and engagement in human rights advocacy, legal aid and litigation. It is also mentioned that Anand Grover was the UN Special Rapporteur on Right to Health between August 2008- July 2014 and Ms. Indira Jaising was an Addl. Solicitor General of India between July 2009- May 2014 and a member of the UN Committee on the Elimination of Discrimination Against Women between 2009-2012. It is also stated that registration of criminal cases by the CBI against this organization is a step to intimidate and harass them for their human rights work. The HRDA has requested the Commission to exercise the provisions laid down u/s 12 (b) of the PHR Act, 1993 and act on its long standing request of urgently reviewing FCRA.
The Commission has also received a similar complaint from Ms. Maja Daruwala, Senior Advisor of Commonwealth Human Rights Initiative, expressing her concern over issue. She also stated that a pattern of intimidation is going on against anyone who challenges Government policies. She also stated that Ms. Jaising and Mr. Grover are long standing, reputed lawyers and Human Rights Defenders of high integrity, reputed both at home and abroad.
The Commission has carefully examined the contents of both the communications. The Commission while considering earlier communications received from various human rights defenders, have made it clear that the matter related to alleged violation of norms of FCRA and suspension of the organisation by the Government of India due to alleged violation of norms is a subject which is outside purview of the Commission. However, with regard to submission made by Henri Tiphagne and Ms. Maja Daruwala that filing of criminal charges against their organisation is solely based on a report of the Ministry of Home Affairs pertaining to January, 2016 and there has been no change in circumstances or material on record since 2016 and hence, it has no material basis for invoking provisions of the IPC and other acts, is definitely a subject matter of investigation by the investigating agency, but the Commission is also empowered under the Protection of Human Rights Act, 1993, to examine the issue to make it non-discriminatory and to avoid arbitrariness.
Taking into consideration that Anand Grover and Ms. Indira Jaising have been actively raising the issues pertaining to alleged violation of human rights across the country and looking into their active role in the civil society, the Commission finds it appropriate to forward copies of the complaints lodged by Henri Tiphagne and Ms. Maja Daruwala to the Director, Central Bureau of Investigation, New Delhi, calling for present status of the investigation in the matter within 4 weeks, according to an NHRC release.