The Enforcement Directorate (ED) has accused the Aam Aadmi Party (AAP) of violating the Foreign Contribution Regulation Act (FCRA), the Representation of People Act (RPA), and the Indian Penal Code (IPC) by concealing the sources of foreign funds collected between 2014 and 2022. The ED's allegations suggest that AAP received Rs 7.08 crore from multiple countries, including the US, Canada, Australia, New Zealand, Saudi Arabia, the UAE, Kuwait, and Oman, and failed to properly disclose the donors' identities in their accounting records.
According to the ED, the funds were raised through various campaigns, with significant amounts allegedly misreported to circumvent FCRA restrictions on foreign donations to political parties. Specifically, the ED claims that AAP members, including MLA Durgesh Pathak, misused funds raised at a 2016 Canadian fundraising event for personal benefit.
The ED's investigation included examining emails exchanged between AAP volunteers and leaders, such as Aniket Saxena, Kumar Vishwas, Kapil Bhardwaj, and Durgesh Pathak. These communications reportedly show how the funds were mismanaged and concealed.
In a detailed dossier submitted to the Union Home Ministry, the ED outlined that multiple donors used identical passport numbers, email IDs, mobile numbers, and credit cards to make donations. The agency discovered that 155 individuals abroad made donations totaling Rs 1.02 crore on 404 occasions using 55 passport numbers. Moreover, 71 donors used 21 mobile numbers to contribute Rs 99.90 lakh on 256 occasions, and 75 donors used 15 credit cards to donate Rs 19.92 lakh on 148 occasions.
The ED further highlighted that Rs 51.15 lakh in donations came from email IDs and mobile numbers of 19 Canadian nationals, but the names and nationalities were inaccurately reflected in AAP's records. This alleged concealment violates Section 3 of the FCRA, 2010, and Section 298 of the Representation of People Act, 1951.
The ED also accused AAP of setting up AAP Overseas India to mobilize foreign funds, with a target of Rs 50 crore set for 2016. During a fundraising event in Canada in 2016, email conversations revealed that Durgesh Pathak and Kapil Bhardwaj directed donations to be transferred personally, bypassing official channels.
In response to the allegations, AAP has denied any wrongdoing, claiming the ED's actions are politically motivated. Party leader and Delhi Minister Atishi accused Prime Minister Narendra Modi of orchestrating a conspiracy to defame AAP ahead of the upcoming Lok Sabha elections. Atishi emphasized that similar allegations have been made and addressed in the past, dismissing the current accusations as part of a broader strategy by the BJP to undermine AAP's credibility.
"This is not ED's action, but it is BJP's," Atishi stated. "This is yet another conspiracy by Modi ji to defame AAP. BJP is resorting to such things before every election. Many such false allegations will be made in the next four days."