In a major reprieve for Lawyers Collective, a non-profit run by former \u200eadditional solicitor general Indira Jaising, Bombay High Court issued an \u200einterim order recently, restraining the charity commissioner from attaching \u200ethe organisation\u2019s assets and accounts.\u200e<\/p>\n
Justice MS Sonak observed that while FCRA Act gave the Union government \u200epower to \u201cregulate or even prevent associations from accepting foreign \u200efunds,\u201d it did not permit the government to \u201cstifle the very functioning of \u200eindividuals or associations.\u201d\u200e<\/p>\n
The court directed that the domestic and non-FCRA bank accounts of the \u200eorganisation be de-freezed on the condition that the NGO file quarterly \u200ereports detailing the use of these funds.\u200e<\/p>\n
In November last year, MHA had permanently cancelled the organisation\u2019s \u200eFCRA registration, alleging the misuse of foreign funds. The ministry had \u200edirected that the NGO\u2019s bank accounts be frozen and its assets attached. The \u200eMHA had issued similar orders for Greenpeace India, and activist Teesta \u200eSetalvad\u2019s NGOs \u2014 Sabrang Trust and Citizens for Justice and Peace.\u200e<\/p>\n
Lawyers Collective approached the Bombay high court through senior \u200eadvocates Aspi Chinoy and Jamshed Mistry, arguing that the MHA order \u2014 \u200ethat draws upon sections 22 and 15 of the FCRA \u2014 was erroneous and that \u200ethe sections had been misinterpreted. Advocate Chinoy argued that FCRA \u200eprovisions permitted the disposal of assets only with regard to defunct \u200eorganisations. He added that Lawyers Collective was an existing entity that \u200econducted extensive legal research in the fields of health and social justice. \u200eHe said the organisation had come to a standstill as the MHA had prohibited \u200eit from accessing its own domestic accounts.\u200e<\/p>\n
Justice Sonak observed that some of the allegations levelled by MHA were \u200e\u200e\u201cquite vague\u201d.\u2009He added that since the appeal would be taken up for a final \u200ehearing to decide upon the legality of the MHA\u2019s decision, in the meantime, \u200eit would not be appropriate for the NGO\u2019s functioning to be halted.\u200e<\/p>\n
____________________________________ In a major reprieve for Lawyers Collective, a non-profit run by former \u200eadditional solicitor general Indira Jaising, Bombay High Court issued an \u200einterim order recently, restraining the charity commissioner from attaching \u200ethe organisation\u2019s assets and accounts.\u200e Justice MS Sonak observed … Continue reading
\nSocio Research & Reform Foundation (NGO)<\/strong><\/span>
\n512 A, Deepshikha, 8 Rajendra Place, New Delhi \u2013 110008
\ne-mail: socio-research@sma.net.in; website: http:\/\/www.srr-foundation.org<\/p>\n","protected":false},"excerpt":{"rendered":"