Rakesh Asthana, Delhi Police Commissioner, has accused two non-governmental organisations (NGOs) of running a ‘personal vendetta’ or ‘proxy war’ against him under the garb of public interest litigations. The two NGOs he named are Common Cause (CC) and the Center for Public Interest Litigations (CPIL).
“I state and submit that as a part of this selective campaign against me, proceedings are being consistently filed against me by these two organisations, while outside court the people having control of the said organisation spearhead a malicious campaign against me. This has been regularly happening since I was appointed as Special Director in Central Bureau of Investigation,” Rakesh Asthana said in an affidavit.
Rakesh Asthana further argued that the campaign against him has been continuing ever since he became the Special Director of CBI.
Who are behind the Center for Public Interest Litigations (CPIL)?
The CPIL was founded by retired Supreme Court judge V.M. Tarkunde in the late 1980s. The other founding members of the NGO included Fali S Nariman, Shanti Bhushan, Rajinder Sachar and Anil Divan. Colin Gonsalves of the Human Rights Law Network (HRLN) is also a member of the group’s governing body.
The HRLN is a division of the Socio-Legal Information Center, a foreign-funded NGO that receives huge funds from Christian missionary organisations abroad as well as governmental institutions such as the European Commission. It received more than Rs 11 crores in firect foreign contribution for the financial year 2019-2020 and more than Rs 18 crores in 2018-19. The SLIC had received over Rs. 3 crores from the European Commission in 2018-19 and almost Rs. 1.5 crores in 2019-2020.
Prashant Bhushan regularly appears as an advocate for the CPIL. The Supreme Court had taken a harsh view of the CPIL in 2016, inquiring how they had assumed the authority to become a center for filing PILs.
A bench led by CJI TS Thakur had said, “Prashant Bhushan, you have an image of a crusader. But can you become the centre for public interest litigation? Can the system be taken for a ride in such a manner? We cannot allow this. We must be satisfied that you have a committee which scrutinizes the complaints and allows only genuine ones to be converted into public interest litigations.”
The bench proceeded to add, “Has this matter (Jio telecom) been examined by the committee? We must have the confidence that when CPIL files a petition, it is not prompted by someone who has a vested interest even though the cause may appear genuine. If a corporate rival gives documents for filing of a PIL, will you do it? Why would that corporate source not come out in the open and pursue the litigation in its own name? Why should CPIL be a front for settling corporate rivalry or personal vendetta? CPIL should not become proxy litigant. It should not become an instrument in the hands of commercial players.”
Following the scrutiny, Fali S Nariman had resigned from the group in 2016. “Fali Nariman was not a member of the sub-committee which decides on filing of PILs, but he was a founder member and was a member of the governing body of CPIL. It is hereby affirmed that any impression that Shri Nariman had scrutinised the petitions filed by CPIL, including the present petition, is incorrect,” the group said in a written submission to the Supreme Court, signed by Anil Divan, Shanti Bhushan, Colin Gonsalves, Kamini Jaiswal and Prashant Bhushan.
The CPIL had also filed a case against the PM CARES Fund in the Supreme Court, demanding that all the donations be transferred to the National Disaster Response Fund.
Who are behind Common Cause?
Common Cause was founded by H.D. Shourie, a civil servant for 35 years. It had Prashant Bhushan in its Governing Council but he has resigned since then. Paranjoy Guha Thakurta still sits on the council. While it does have an FCRA approval, it has not received any money through it as per the FC4 returns it has filed over the years.
Common Cause has a history of filing PILs on contentious matters. In 2013, it filed a PIL in the Delhi High Court for “Strengthening the institution of the Lokayukta” where it urged “the High Court to set aside the orders of the Lt. Governor.” It also filed a PIL in the Supreme Court of India seeking an inquiry against Justice K.G. Balakrishnan which could have led to his removal from the chair of National Human Rights Commission (NHRC).
CC has also filed a contempt petition in the Supreme Court for the non-appointment of Lokpal by the NDA government. CC has also filed a PIL challenging the appointment of Rakesh Asthana as the Special Director (SD) CBI. The matter was dismissed by the Supreme Court on November 28, 2017. It has also been trying to influence the National Education Policy.
Prashant Bhushan had resigned in 2019 from the governing councils of Centre for PIL (CPIL), Common Cause and Swaraj Abhiyan after a complaint was registered against him for violating Bar Council of India Rules on Professional Standards.
