Date:11/07/2007 URL: http://www.thehindu.com/2007/07/11/stories/2007071161011600.htm

National

Allegations against NBA vague: apex court

Legal Correspondent

Medha Patkar

New Delhi: The Supreme Court on Tuesday rejected a public interest litigation petition seeking a CBI probe into the Narmada Bachao Andolan’s alleged illegal activities using foreign funds.

A Bench consisting of Justices C. Thakker and Altamas Kabir said: “Materials in the petition show vague allegations and [are] without foundation. No case is made out for a CBI probe.” It imposed costs of Rs. 5,000 on the petitioner, the Ahmedabad-based NGO, National Council for Civil Liberties (NCCL).

The court in July 2006 issued notice to the NBA, through Medha Patkar and her close associate Rahul Bannerjee. It declined to issue notice to Ms. Patkar in her individual capacity and to the Central Bureau of Investigation, observing that the CBI would come into the picture only if the court decided to order an enquiry.

V.K. Saxena, NCCL president, alleged that the NBA through Ms. Patkar was acting at the behest of foreign powers and creating political instability in the country with funds received from abroad.

The NBA’s agitations virtually resulted in delay and suspension of several important hydel projects such as Sardar Sarovar and Maheshwar. In spite of the final report by the police, the vigilance report and hundreds of first information reports, the authorities did not taken any action against the NBA, its members and associates.

Mr. Saxena said there was an urgent need for issuing appropriate directions and guidelines to the Centre and State Governments to ensure that activities of the NBA and similar organisations causing a detrimental impact, jeopardising the national interest were nipped in the bud by stringent action.

He alleged that the damaging and irreparable impact of the NBA’s activities were violative of the fundamental rights of the general public and all beneficiaries of hydel projects. Contending that the petition was filed to settle personal scores, the NBA said the NCCL suppressed some crucial facts and misused the judiciary by filing a PIL plea.

The Centre submitted that it received a complaint in 2002 alleging receipt of funds by the NBA and that the Andolan had violated the Foreign Contribution (Regulation) Act, 1976.

It said, “The matter was investigated in some detail under the provisions of the said Act. The accounts/records of the NBA and a number of NGOs associated with it were inspected but no specific instance of any violation of the FCRA was detected.” Reacting to the judgment, the NBA said, “This is a great moral victory and triumph of truth that is an apt reply to the vilification campaign. Attempts to defame and demoralise people’s movements with false and baseless allegations should now be put to rest.”