The Delhi High Court on Thursday allowed the Central Government to approach a single judge to seek vacation of an interim order permitting the Commonwealth Human Rights Initiative (CHRI) to withdraw ₹20 lakh from its reserve/domestic funds. The CHRI FCRA Registration Case concerns the NGO’s challenge to the cancellation of its certification of registration under the Foreign Contribution (Regulation) Act.
A Division Bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked the Union Government to move the application in CHRI’s pending petition.
CHRI has challenged the cancellation of its certification of registration under the Foreign Contribution (Regulation) Act.
The Centre had appealed against the single judge’s May 19 order. The order allowed CHRI to release ₹20 lakh from its reserved fund.
The single judge also allowed CHRI to use the money for various recurring expenses necessary for its operations.
Centre Objects To May 19 Order
ASG Chetan Sharma, appearing for the Central Government, challenged the manner in which the single judge decided CHRI’s application.
Sharma argued that the single judge did not issue notice to the Centre before disposing of the application. Consequently, the Government could not place its objections on record.
He said the single judge allowed the Centre to make oral submissions. However, the Government should also have received an opportunity to file written objections.
CHRI Cites Centre’s Recall Application
Senior Advocate CU Singh, appearing for CHRI, referred to the recall application that the Union Government subsequently filed.
According to Singh, the single judge heard that application on July 19.
The Union Government later withdrew the application. The Court gave it liberty to move an appropriate application, including one seeking vacation of the May 19 order.
Division Bench Grants Liberty To Centre
After hearing both sides, the Division Bench decided not to examine the merits of their submissions at this stage.
The Bench noted that the May 19 order was interim in nature. Therefore, the Government could approach the single judge and seek its vacation.
The Court accordingly disposed of the Centre’s appeal. It gave the Government one week to file the vacation application before the single judge.
The Court also gave the other side one week thereafter to file its response.
CHRI Petition Listed For September 30
The parties informed the Division Bench that they had completed pleadings in CHRI’s petition before the single judge.
The single judge will hear the petition on September 30.
The Bench requested the single judge to expedite the writ petition and the Centre’s proposed vacation application.
The CHRI FCRA Registration Case will therefore continue before the single judge, who will consider the pending writ petition and the proposed application.
If the single judge cannot finally hear the matter on September 30, the Division Bench requested an endeavour to complete the hearing of the vacation application.
Parties Can Press Other Pending Applications
The Court said the parties could also press any other miscellaneous applications pending before the single judge.
It clarified that its observations did not reflect any view on the merits of the respective claims.
The Bench further stated that the parties could raise all available issues and grounds. These include the question of the maintainability of the writ petition.
With these directions, the Delhi High Court disposed of the Central Government’s appeal.
