Ritwick Dutta case: MHA probe mentions only Adani when LIFE was litigating against several coal projects

New Delhi: The information shared by the Central government with the Central Bureau of Investigation (CBI), which has been used by the latter to register a case against environmental lawyer Ritwick Dutta, makes mention of only one group engaged in coal projects — Adani. Even though the information shared by the Ministry of Home Affairs (MHA) includes screenshots of a document, titled LIFE coal cases, which has records of the activities of the NGO, Legal Initiative for Forest and Environment (LIFE), pertaining to a number of coal projects, thermal power plants being set up by state-run NTPC, MSEB, APGENCO and TSGENCO, among others, the probe document makes mention of only Adani.

‘Govt flags email mentioning Adani’s activities in Australia’

“Further in the same email, they were also discussing projects of Indian entities in foreign jurisdictions which can be challenged there. They mentioned the example of activities of Adani in Australia. It appears from this that they were planning to target Indian entities undertaking projects outside India,” said the MHA in its report.

It added, “Such litigations lead to delay in projects impacting public interest by denying energy security to citizens of the nation. Further, it is also impacting economic interests of the nation outside geographical boundaries of India.”

Another mention of Adani

To make its case about how LIFE was using foreign funds to allegedly “stall coal projects” in India, another example cited by the MHA reads, “As per information available in Public Domain, Kheti Vikas Seva Trust is involved in filing Public Interest Ligation against Government of Gujarat and Adani Enterprises in Gujrarat. Shri Ritwick Dutta appeared on behalf of Kheti Vikas Seva Trust (based in Gujaraj formed by local farmers). On analysis of information available in public domain, it appears that Shri Ritwick Dutta is involved in agitating local farmers against government policy in Gujarat. Kheti Vikas Seva Trust Vs. Adani Enterprises Ltd.”

CBI has booked Dutta for alleged FCRA violations

The CBI has registered a case against Dutta on April 19 on the allegation that he accepted foreign funds in violation of the Foreign Contribution (Regulation) Act 2010 from Earth Justice (EJ), a US-based non-profit that litigates on environmental issues, to “stall” coal projects in India. “As per information available in Public Domain, it appears that Shri Ritwick Dutta is involved in criticising Government Policy and making allegation against Government of India through public media. He appears to be involved in agitating local farmer against industrialist and industrial policy of Government,” said the government in its report.

“Earth Justice is not a litigant, and agreement related to case showing client-service provider relationship was not produced. Bills were not raised on case basis. Shri Ritwick Dutta was not providing consultancy services to Earth Justice. He is only providing update of status of litigation related to thermal power plants. Earth Justice was continuously following up the litigation cases related to coal in India,” said the report.

Attaching a screenshot of an email exchanged between Dutta and a representative from EJ, the government said in its report, “On analysis of the e-mail dated 29-03-2017 from Martin Wagner to Shri Ritwick Dutta, it is revealed that Shri Ritwick Dutta in association with Earth Justice is discussing strategies to put pressure on Indian or state governments or project proponent. It was in reference to an international session at a workshop. They were identifying a case in India for the application of international strategies which will be discussed in a workshop. The strategies discussed are engaging in international treaty body, applying an international human rights strategy such as engaging one or more UN special rapporteurs, using one of the compliant processes under international finance institutions, pressuring private banks or investors, strategies to bring pressure from foreign governments.”

“… it appears that Shri Ritwick Dutta has violated FCRA and accepted contribution from foreign source without having necessary FCRA approval. Investigating officer is advised to (carry out) necessary investigation under FCRA for receipt of foreign contribution without having FCRA registration,” said the report.

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