FCRA violations: CBI filesFIR, raids AAP leader Durgesh Pathak

The Central Bureau of Investigation (CBI) on Thursday raided the residence of senior Aam Aadmi Party (AAP) leader Durgesh Pathak, as part of its probe into alleged violations of foreign funding laws by the party. The move followed the registration of a first information report (FIR) against Pathak, a now-deceased party member Kapil Bhardwaj, and other “unknown private persons” in connection with foreign donations allegedly received in contravention of the Foreign Contribution Regulation Act (FCRA).

The FIR, registered on April 14, is based on an earlier Enforcement Directorate (ED) probe that found the party had received foreign contributions in violation of both the FCRA and Section 29B of the Representation of the People Act, 1951, which bars political parties from accepting foreign funds.

CBI officials said the agency began with a preliminary enquiry after the Union home ministry entrusted it with the case on May 20, 2024. “The PE has been turned into an FIR on April 14,” said an officer, asking not to be named.

Filed under Section 3 of the FCRA — which prohibits political parties or public servants from accepting foreign donations — and Section 120-B (criminal conspiracy) of the Indian Penal Code, the CBI FIR points to numerous discrepancies in the donations received by AAP. HT has accessed a copy of the FIR.

The probe revealed that the party had received ₹1.08 crore in donations from 155 persons residing abroad on 404 occasions, using 55 passport numbers. “There are multiple donors who have used the same passport for donations,” the FIR states.

“AAP has claimed that 201 persons residing abroad had donated ₹2.65 crore using 51 email IDs on 639 occasions. 71 donors residing abroad have used 21 mobile numbers for making donations of ₹99 lakh on 256 occasions to AAP,” the FIR reads, on other discrepancies.

Further, it said 75 donors residing abroad have used 15 credit cards to donate ₹19.92 lakh on 148 occasions to the AAP. “FCRA donations worth ₹51 lakh was received by the AAP from 19 Canadian nationals, however, their nationality has been concealed by AAP in the records,” it read.

On Pathak’s specific role, the FIR cites email conversations and documents linked to AAP’s Overseas India unit, which was set up to mobilise funds abroad. One email exchange between Aniket Saxsena (coordinator, AAP Overseas India) and Kumar Vishwas (then convenor of the unit) referenced a fundraising event in Canada in 2016. It allegedly showed that Pathak and Bhardwaj instructed Saxsena to route a donation of USD 29,000 to them through an individual named Bhagwant Toor.

The CBI further alleges that Pathak attended a fundraising event in Canada on November 22, 2015. After the event, an AAP volunteer sent a handwritten list of Canadian donors to the party’s overseas wing. The agency claims that these names were intentionally omitted from official records. It cited another 2016 event in Toronto, during which AAP raised USD 11,786 but claimed expenses of USD 3,821. However, the FIR alleges that only 11 Canadian passports were linked to the contributions, while AAP claimed 200 donors.

Political brawl

The raid triggered a fresh political storm between the AAP and the Bharatiya Janata Party (BJP), with AAP accusing the ruling party of orchestrating a crackdown on its Gujarat co-incharge. Gujarat goes to polls in 2027, and AAP has declared its intention to contest.

“As soon as the Aam Aadmi Party started preparations for Gujarat elections, CBI reached the house of Gujarat co-incharge Durgesh Pathak to conduct raid! In Gujarat, only AAP can challenge BJP, and this raid shows their frustration! In all these years, BJP has not understood that we are not going to be scared of their threats,” former Delhi CM Atishi said in a post on her official X account.

After the raid, Pathak said in a press conference: “For 3-4 hours, CBI searched every corner of my home—bed, cupboard, everything—but found absolutely nothing. CBI gave me no reason for raid, nor did they explain why they were targeting me.”

Other AAP leaders, namely Sandeep Pathak, Sanjay Singh and Manish Sisodia, called it a BJP conspiracy against their party. In an official statement, the party said the CBI case was entirely “politically motivated”.

Delhi BJP chief Virendra Sachdeva hit out at the AAP, alleging that Durgesh Pathak has “embezzled” donations of his own party. “If the investigating agency is doing its work then what is his problem with it? This fund-raiser who ate donations of his own party turned out to be more corrupt than Lalu Yadav,” said Sachdeva.