Delhi High Court - Orders
Commonwealth Human Rights Initiative vs Union Of India on 25 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6400/2021&CM APPL. 20091/2021, CM APPL.
34987/2021, CM APPL.37037/2021
COMMONWEALTH HUMAN RIGHTS INITIATIVE..... Petitioner
Through Mr. Arvind P. Datar, Senior
Advocate, Mr.Chandra Uday Singh,
Senior Advocate with Mr. Kabir
Dixit, Ms.Ila Sheel, Advocates.
versus
UNION OF INDIA ..... Respondent
Through Mr. Anil Soni, CGSC, UOI with
Mr.Sahaj Garg, Govt. Pleader for
UOI.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 25.10.2021
1. The present writ petition assails the order dated 07.06.2021 passed by the respondent under section 13 of the Foreign Contribution (Regulation) Act, 2010 (the Act) vide which the petitioner‟s FCRA Registration has been suspended for a period of 180 days.
2. It is the case of the petitioner that the impugned suspension has been passed not only in contravention of Section 13(1) of the Act but also overlooks the ratio of the decision dated 19.09.2013 of a Coordinate Bench of this Court in Indian Social Action Forum (INSAF) vs. Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:27.10.2021 12:09:26 Union of India,W.P.(C) 4982/2013. It is submitted by the learned senior counsel for the petitioner that the impugned suspension order was passed without any enquiry ever having been initiated against the petitioner. At the time of passing of the impugned order no Show Cause Notice contemplating initiation of enquiry against the petitioner was issued to it.
3. Learned counsel for the respondent seeks to urge to the contrary. He therefore prays for, and is granted time to produce the original record in support of his contention.
4. At request, list on 28.10.2021.
REKHA PALLI, J OCTOBER 25, 2021 nn Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:27.10.2021 12:09:26