Delhi HC grants time to Centre to show record concerning suspension of CHRI registration
New Delhi Oct 25 PTI The Delhi High Court Monday granted time to the Centre to place before it the record pertaining to the temporary suspension of Commonwealth Human Rights Initiative CHRIs registration for alleged violations of foreign contribution law FCRA Justice Rekha Palli while hearing CHRIs plea against the suspension directed that the relevant record be brought to her on a physical hearing day after the senior counsel for the organisation stated that no order of suspension could be passed in the absence of a proceeding for cancellation of registration When you issue a suspension order there has to be an enquiry Get the record In suspension the challenge is very limited the judge told the central government counsel and listed the matter for further hearing on October 28 Central government lawyer Anil Soni stated that at the time of the issuance of the suspension order a preliminary enquiry had already been initiated as a questionnaire was sent to the petitioner and its accounts were also being audited He added that the petitioner was put to notice by the authorities who have recorded the reasons for the suspension in the order under challenge and sought time from the court to bring on record the relevant documents Senior lawyers Arvind Datar and C U Singh representing the petitioner claimed that no proceedings were initiated against the petitioner in terms of the scheme of the Foreign Contribution Regulation Act FCRA 2010 and till date not even a show-cause notice has been issued There is no show-cause or enquiry in the case 141 days have already gone by out of 180 days of temporary suspension argued Singh In its petition CHRI has sought to quash a June 7 suspension order passed by the Deputy Secretary to the Government of India Foreigners Division FCRA Monitoring Unit Ministry of Home Affairs In 2016CHRIs registration under the Foreign Contribution Regulation Act of 2010 was renewed up to October 31 2021 The petition has alleged that the suspension of registration was patently without jurisdiction ultra vires section 13 of the FCRA unreasonable manifestly arbitrary excessive and disproportionate on the face of it being based on wholly incorrect facts and for violating basic principles of natural justice CHRI has argued that suspension order has completely paralysed its functioning threatens the livelihood of its employees and casts a stigma on its reputation A 180-day suspension is a drastic measure that threatens the very existence of CHRI apart from causing great harm to its reputation built painstakingly over three decades the pleas said adding that the consequent freezing of its receipt and utilisation bank accounts have severely restricted its planned programme activities The petition highlighted that CHRIs current Executive Committee has a galaxy of legal luminaries former top police officials environmental leaders and Wajahat Habibullah the first Chief Information Commissioner of India is its Chairperson The other committee members include former Supreme Court judge Justice Madan B Lokur and former Delhi high court Chief Justice A P Shah The allegations against CHRI include mixing foreign contribution with domestic donation and non-intimation of specific accounts In July the court had permitted the petitioner to utilise a portion of its funds in the Central governments custody for the payment of salaries to employees and personnel associated with its ongoing projects PTI ADS SA
New Delhi Oct 25 PTI The Delhi High Court Monday granted time to the Centre to place before it the record pertaining to the temporary suspension of Commonwealth Human Rights Initiative CHRIs registration for alleged violations of foreign contribution law FCRA Justice Rekha Palli while hearing CHRIs plea against the suspension directed that the relevant record be brought to her on a physical hearing day after the senior counsel for the organisation stated that no order of suspension could be passed in the absence of a proceeding for cancellation of registration When you issue a suspension order there has to be an enquiry Get the record In suspension the challenge is very limited the judge told the central government counsel and listed the matter for further hearing on October 28 Central government lawyer Anil Soni stated that at the time of the issuance of the suspension order a preliminary enquiry had already been initiated as a questionnaire was sent to the petitioner and its accounts were also being audited He added that the petitioner was put to notice by the authorities who have recorded the reasons for the suspension in the order under challenge and sought time from the court to bring on record the relevant documents Senior lawyers Arvind Datar and C U Singh representing the petitioner claimed that no proceedings were initiated against the petitioner in terms of the scheme of the Foreign Contribution Regulation Act FCRA 2010 and till date not even a show-cause notice has been issued There is no show-cause or enquiry in the case 141 days have already gone by out of 180 days of temporary suspension argued Singh In its petition CHRI has sought to quash a June 7 suspension order passed by the Deputy Secretary to the Government of India Foreigners Division FCRA Monitoring Unit Ministry of Home Affairs In 2016CHRIs registration under the Foreign Contribution Regulation Act of 2010 was renewed up to October 31 2021 The petition has alleged that the suspension of registration was patently without jurisdiction ultra vires section 13 of the FCRA unreasonable manifestly arbitrary excessive and disproportionate on the face of it being based on wholly incorrect facts and for violating basic principles of natural justice CHRI has argued that suspension order has completely paralysed its functioning threatens the livelihood of its employees and casts a stigma on its reputation A 180-day suspension is a drastic measure that threatens the very existence of CHRI apart from causing great harm to its reputation built painstakingly over three decades the pleas said adding that the consequent freezing of its receipt and utilisation bank accounts have severely restricted its planned programme activities The petition highlighted that CHRIs current Executive Committee has a galaxy of legal luminaries former top police officials environmental leaders and Wajahat Habibullah the first Chief Information Commissioner of India is its Chairperson The other committee members include former Supreme Court judge Justice Madan B Lokur and former Delhi high court Chief Justice A P Shah The allegations against CHRI include mixing foreign contribution with domestic donation and non-intimation of specific accounts In July the court had permitted the petitioner to utilise a portion of its funds in the Central governments custody for the payment of salaries to employees and personnel associated with its ongoing projects PTI ADS SA
