Delhi High Court - Orders
Indian Social Action Forum vs Union Of India on 28 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10199/2016
INDIAN SOCIAL ACTION FORUM ..... Petitioner
Through Mr.Prashanto Sen, Sr.Adv. with
Mr.Kabir Dixit, Adv.
versus
UNION OF INDIA ..... Respondent
Through Mr.Vikrant N Goyal, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 28.10.2021
CM APPL. 37993/2021
1. Exemption allowed, subject to all just exceptions.
2. The notarized affidavit be filed within one week from today.
3. The application stands disposed of.
CM APPL. 37991/2021(amendment of writ)
4. Vide the present application, the petitioner seeks amendment of the writ petition to incorporate a challenge to Section 12(4)(e) read with proviso to Section 16 of the Foreign Contributions Regulation Act, 2010 (FCRA).
5. The proposed amendment has been set out in paragraphs 22 & 23 of the application. A perusal of the same shows that the petitioner/applicant is not intending to incorporate any new factual averments, but only wants to include some additional grounds and two additional prayers.
6. Issue notice. Learned counsel for the respondent accepts notice and vehemently opposes the application by contending that the petitioner Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:29.10.2021 19:56:48 ought to file a fresh writ petition, if it wishes to now challenge the statutory provisions.
7. Having heard the learned counsel for the parties, I find that by way of the proposed amendment the petitioner is seeking to assail a provision which was introduced recently and does not want to make any new factual averments. Consequently, it is seeking to raise only additional grounds and prayer. I am, therefore, of the considered view that no prejudice will be caused to the respondent, if the amendment as sought for is allowed.
8. The application is accordingly allowed. The amended writ petition incorporating the changes as mentioned in paragraphs 22 & 23 of the application be filed within one week.
9. Counter affidavit to the amended writ petition be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
10.The application stands disposed of in the aforesaid terms. W.P.(C) 10199/2016 & CM APPL. 37992/2021(direction)
11.Keeping in view the fact that vide the amended writ petition, the petitioner is assailing the vires of certain provisions of the FCRA, list the present petition on 08.12.2021 before the concerned Roster Bench, subject to orders of Hon'ble the Chief Justice.
REKHA PALLI, J OCTOBER 28, 2021 sr Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:29.10.2021 19:56:48