Activism targets Adani, India’s interests: CBI FIR against lawyer

The FIR document lists Dutta’s clients and singles out Aravalli Bachao Citizens Movement as “engaged in protests as per information available in the public domain” without providing any context.

In the CBI’s FIR papers, the “main allegation” against Dutta, a Right Livelihood awardee, is that his proprietorship firm Legal Initiative for Forest and Environment (LIFE) dressed up a total grant of Rs 22 crore during “FY 2016-2021” from San Francisco-based non-profit Earth Justice (EJ) as professional receipt and the two “are in the process of stalling coal projects” in India.

“LIFE was not offering legal advice to EJ for financial consideration, but (was) being paid foreign funds to stall development projects. In none of the Cases was EJ a litigant, while in all, LIFE was the litigant,” the FIR document stated.

When contacted, Dutta said: “LIFE as a matter of policy has never been a litigant in any case. We are also clarifying the other inaccuracies in the FIR and are fully cooperating with the Agency.”

The CBI registered the FIR based on a recommendation from the Home Ministry that relied on a report from the CBDT (Central Board of Direct Taxes) filed on November 9, 2022. LIFE’s premises in New Delhi were raided by the CBDT on September 7 — the same day the offices of the Independent and Public-Spirited Media Foundation, Oxfam India and the Centre for Policy Research were raided in Bangalore and Delhi, respectively.

While the 40-page FIR document reviewed by The Indian Express reproduced a legal status report apparently prepared by LIFE in 2016 on a number of thermal plants and coal mines, it specifically named only one affected entity, twice: the Adani Group.

The first mention of the Adani Group in the FIR follows Dutta’s description as “involved in criticising Government Policy and making (sic) allegation against Government of India though public media” and “involved in agitating local farmer against industrialist and industrial policy of Government.”

The FIR continues: “Kheti Vikas Seva Trust is involved in filing Public Interest Litigation against Government of Gujarat and Adani Enterprises… Dutta appeared on behalf of Kheti Vikas Seva Trust (based in Gujarat (and) formed by local farmers). On analysis of information available on (sic) 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.”

The case in question has nothing to do with coal and involves a greenfield copper refinery plant at Mundra in Gujarat’s Kutch district. It is pending with the Western bench of the National Green Tribunal (NGT).

Subsequently, the FIR refers to an email from EJ director Martin Wagner to Dutta and concludes: “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. 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 nation (sic) outside geographical boundaries of India.”

Noting that “legal service will be a representation of case where client is a party” and that LIFE never represented EJ in litigation, the FIR alleged that funds from EJ were in the form of donations and not professional fees. “EJ and LIFE were complicit in bringing FC into India to target and stall coal projects, which is an FCRA violation and it impacts the economic security of India,” it said.