Fabricated criminal charges filed against Lawyers’ Collective and Anand Grover
On 11 July 2019, the Central Bureau of Investigation (CBI) conducted a raid on the office of Lawyers Collective and residence of senior advocates Indira Jaising and Anand Grover. The raid started at around 8 am and lasted for several hours.
On 13 June 2019, the Central Bureau of Investigation (CBI) filed a First Information Report (FIR) against Lawyers’ Collective (LC), Anand Grover, and its other representatives. The FIR contains serious criminal charges, including criminal conspiracy, criminal breach of trust under the Indian Penal Code (IPC), Foreign Contribution Regulation Act 2010 (FCRA) and Prevention of Corruption Act, 1988 (PC), and names the President of LC, Anand Grover, as an accused.
Lawyers’ Collective (LC) is a Delhi-based human rights organisation founded by Anand Grover and Indira Jaising. It comprises human rights lawyers who have advocated over the past 38 years for the rights of marginalised groups through the effective use of legal aid, litigation and advocacy. In a context of increasingly repressive state actions, LC has stood firmly beside victims including human rights defenders seeking justice and accountability against state oppression and human rights violations.
On 11 July 2019, the Central Bureau of Investigation (CBI) conducted a raid on the office of Lawyers Collective and residence of senior advocates Indira Jaising and Anand Grover. The raid started at around 8 am and lasted for several hours.
Lawyers Collective is a Delhi-based human rights organisation founded by Indira Jaising and Anand Grover. It comprises a group of dedicated human rights lawyers who represent and advocate for the rights of the most marginalised sectors of society. In a context where human rights in India are being systematically eroded, and human rights defenders are routinely targetted due to their work, Indira Jaising, Anand Grover and the Lawyers Collective team, have been resolute in their vocal criticism against executive excess and human rights violations including by powerful members and officers within the Indian government. Their peaceful struggle to defend constitutional principles and the rights enshrined therein have resulted in a powerful and violent backlash against the organisation and its founders.
At around 8 am on 11 July 2019, officers from the CBI arrived at the offices and residences of Indira Jaising and Anand Grover in Delhi and Mumbai. The raid lasted for several hours and was linked to the First Information Report (FIR) filed against Lawyers Collective and Anand Grover by the CBI on 13 June 2019. The documents confiscated by the CBI during the raid were the originals of documents that the Lawyers Collective had already submitted to the CBI.
In practice and under law, the CBI is entitled to summon the persons named in an FIR and request that all relevant documentation be submitted to the inquiry officer. Had the CBI requested Indira Jaising and Anand Grover to submit the relevant documents, the human rights defenders would have given their full cooperation to assist with the inquiry. The CBI’s raid on their work and home premises to obtain those documents was an excessive and disproportionate response, and does not appear to be an effort to further the inquiry, but rather to target and further tarnish the credibility of Indira Jaising, Anand Grover, and Lawyers Collective.
The FIR linked to the raid was filed based on a 2016 report by the Ministry of Home Affairs that resulted in the cancellation and failure to renew the Foreign Contribution Regulation Act 2010 (FCRA) license for Lawyers Collective. Lawyers Collective filed a legal challenge against the cancellation and non-renewal of its FCRA license. The case is currently pending before the High Court of Mumbai. Despite the case being sub-judice, the lack of any material evidence, and the complete silence and inaction on the case for nearly three and a half years, the CBI filed the FIR of 13 June 2019 in the immediate aftermath of the parliamentary election.
The FIR includes serious offences under the Indian Penal Code, FCRA and Prevention of Corruption Act, 1988 (PC), many of which carry minimum prison sentences. The provisions of the FCRA have been widely condemned within and outside India as regressive, and Lawyers Collective is one of many human rights organisations that have been targetted under the Act.
In a previous Urgent Appeal, Front Line Defenders raised concerns regarding the filing of false charges against the Lawyers Collective and Anand Grover. It called on the authorities in India to ensure their rights and safety, including providing them protection from legal persecution and false charges as a result of their peaceful human rights work. In a Joint Statement, Front Line Defenders and nine other human rights organisations condemned the targeting of Lawyers Collective and Anand Grover and the use of repressive laws to silence their work in defence of human rights.
The human rights defenders are prominent figures whose integrity and commitment to human rights is beyond doubt. The raid on the office and residence of Lawyers Collective, Indira Jaising, and Anand Grover was carried out despite the matter pending before the High Court of Mumbai and despite a lack of credible evidence or basis for a case against them.
Front Line Defenders is extremely concerned about the intimidation and targetting of human rights defenders through legal or other means. It is believed that the raid, which comes a month after the FIR was filed, is part of an ongoing campaign of threats and intimidation aimed at silencing the voices and undermining the peaceful and legitimate work of Lawyers Collective, Indira Jaising, and Anand Grover.
On 13 June 2019, the Central Bureau of Investigation (CBI) filed a First Information Report (FIR) against Lawyers’ Collective (LC), Anand Grover, and its other representatives. The FIR contains serious criminal charges, including criminal conspiracy, criminal breach of trust under the Indian Penal Code (IPC), Foreign Contribution Regulation Act 2010 (FCRA) and Prevention of Corruption Act, 1988 (PC), and names the President of LC, Anand Grover, as an accused.
Lawyers’ Collective (LC) is a Delhi-based human rights organisation founded by Anand Grover and Indira Jaising. It comprises human rights lawyers who have advocated over the past 38 years for the rights of marginalised groups through the effective use of legal aid, litigation and advocacy. In a context of increasingly repressive state actions, LC has stood firmly beside victims including human rights defenders seeking justice and accountability against state oppression and human rights violations. In the recent past, LC, Anand Grover, and Indira Jaising have been involved in several sensitive and high profile cases, including representing human rights defenders jailed on false charges related to the Bhima Koregan violence in January 2018. Some of the cases taken up by the organisation also include those against prominent Indian Ministers and officials of the ruling
National Democratic Alliance (NDA) government.
The FIR was filed against the backdrop of LC’s work and systematic targeting of human rights defenders in India. It has been widely condemned by national human rights defenders and international human rights organisations. The FIR contains serious charges which include Sections 120–B (criminal conspiracy) r/w, Section 406 (criminal breach of trust), 420, 199 (false statement made in a declaration) of the Indian Penal Code (IPC), r/w Section 33 (making false statements or declarations), 35, 37, 39 of the Foreign Contribution Regulation Act 2010 (FCRA) and Section 13 (2), r/w 13 (1) (d) of the Prevention of Corruption Act 1988 (PC). Many of the offences included in the FIR carry a minimum mandatory prison sentence.
The FIR is based on a 2016 report by the Ministry of Home Affairs which resulted in the suspension of LC’s FCRA license on 31 May 2016, which was followed by the rejection of the renewal of the license on 28 October 2016 and its subsequent cancellation on 27 November 2016. Under the Foreign Contribution Regulation Act 2010 (FCRA), organisations are required to have an FCRA license in order to receive foreign contributions.
The cancellation and non-renewal of LC’s FCRA license have been challenged by LC before the Bombay High Court and is therefore sub-judice. Between 2016 and 2019, no actions were taken to file criminal charges against LC. There has also been no material change in the circumstances of the case. However, on 15 May 2019, the Ministry of Home Affairs instructed the Central Bureau of Investigation (CBI) to call for a further investigation into LC’s FCRA license, pursuant to which the FIR of 13 June was filed by the CBI. This move by the CBI is premature, without legal basis, and clearly politically motivated. LC in a public statement has categorically denied the allegations in the FIR.
Front Line Defenders is extremely concerned about the targeting of the Lawyers’ Collective and Anand Grover through legal or other means, as it is believed to be solely motivated by their peaceful and legitimate work in defence of human rights in India. The FIR filed against the Lawyers’ Collective ignores the cases pending before the court, the lack of material change in the circumstances of the case, and the lack of any evidence or basis for the charges. In a country where process is the punishment, subjecting LC and its President Anand Grover to such serious criminal charges, has the effect of undermining their work and security, and distracts from the critical work being done by LC in defence of human rights.
