in the high court of delhi at new delhi (civil...

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL WRIT JURISDICTION)

Civil W.P No. _____ of 2014

IN THE MATTER OF :

Greenpeace India Society …. Petitioner

Versus

Union of India & Anr. …. Respondents

URGENT APPLICATION

To,

THE REGISTRAR,

OF THE HIGH COURT OF DELHI,

AT NEW DELHI.

Sir,

Kindly treat the accompanying Writ petition as an urgent one

as per the Delhi High Court Rules.

It is most humbly prayed that an urgent hearing be given.

Through

(Mamta Saxena, Prachi Arya, N.Vidya)

ADVOCATES FOR THE PETITIONER 102, New Lawyers Chambers,

Setalvad Block, Supreme Court of India Bhagwandas Road, New Delhi 110001

9899610450, 9999768914 Date: 27.09.2014




MEMO OF PARTIES

Greenpeace India Society through its Executive Director New No. 47 (Old No. 22), II nd Cross Street, Ellaiyamman Colony, Gopalpuram, Chennai - 600 086. ...Petitioner Versus

1. Union of India Through its Secretary Ministry of Home Affairs Foreigners Division, FCRA Wing, Government of India Jaising Road Opposite Jantar Mantar New Delhi-110001

2. IDBI Bank Limited Through Its Manager

2nd Floor No.7, Chevalier Sivaji Ganesan Salai (South Boag Road) T. Nagar CHENNAI – 600017 ...Respondents

Through

(Mamta Saxena, Prachi Arya, N.Vidya) ADVOCATES FOR THE PETITIONER

102, New Lawyers Chambers, Setalvad Block, Supreme Court of India Bhagwandas Road, New Delhi 110001

9899610450, 9999768914




IN THE MATTER OF:-

Greenpeace India Society …Petitioner

VERSUS

Union of India …Respondents

NOTICE OF MOTION

To, The Standing Counsel, Union of India, Chamber Nos. 449-450, Delhi High Court.

Please take note that the above noted matter will be listed on

……………...2014 before the Hon’ble High Court of Delhi. It is,

therefore, requested to you to please enter your appearance on

the said date.

PETITIONER

Through



9899610450, 9999768914 Date: 27.08.2014

SYNOPSIS

That this Writ Petition under Article 226 of the Constitution

has been filed by the Petitioner against the uncommunicated

and illegal prohibition imposed by the Respondent No.1 in

not allowing credit of the Foreign Funds in Petitioner's FCRA

Bank Account No. 005103000000888 in IDBI Bank Ltd,

Chennai. The said action has been taken by the Respondent

No.1 without any rhyme or reason and without complying

with the provisions of FCRA. The Petitioner gave a

representation dated 17.7.2014 asking for the relevant

documents on the basis of which such illegal prohibitory

action has been taken by Respondent No.1 but no document

has been given so far. The Respondent No.1 has also not

given any reply to the said representation dated 17.7.2014.

The Petitioner submits that through a clandestine method,

which is unknown to the Rule of Law, the Government

cannot adversely affect the rights of the Petitioner and in

abuse of the powers, cripple the activities of the Petitioner

which it has been doing in protecting the

environment/ecology, which is in larger public interest and

the courts have accepted the environmental principles at par

with what has been laid down internationally. The

Respondent No.2 is simply following the directions given by

the Respondent No.1 through Reserve Bank of India and has

therefore, not credited the transferred foreign funds in the

accounts of the Petitioner. The action of the Respondents is

in violation of Article 14 and 19 of the Constitution besides

also violating the principles of Natural Justice. Hence this Writ

Petition.

LIST OF DATES

21.09.2005 The Petitioner – Greenpeace India Society (GPIS) is a

non-profit organisation that was registered under the

Tamil Nadu Societies Registration Act, 1975. GPIS

and its donors enjoy Tax Exemption under Section

12AA and Section 80G of the Income Tax Act, 1961.

The Members of GPIS are all Indian Citizens. It has a

permanent registration under the Foreign

Contribution (Regulation) Act (FCRA) i.e. FCRA

Registration No. 075901062 (Social) allotted to it vide

Ministry of Home Affair (MoHA) letter No.-II/21-

22/67(229)2005-FCRA III.

24.09.2012 The Respondent - FCRA Department, Ministry of

Home Affairs sent a questionnaire to the Petitioner –

GPIS regarding their activities and FCRA registration.

30.09.2012 The Petitioner sent their response to the Respondent

– Ministry’s queries as directed by them.

12.06.2013 The Petitioner sent a comprehensive response to

another similar questionnaire received by them from

the FCRA Department, Ministry of Home Affairs.

Sept., 2013 The Petitioner submitted its annual returns after

approval of its audit accounts before the due date

which was on 31.12.2013

23.06.2014 Greenpeace International, Amsterdam transferred an

amount of Euros 235000 to the Petitioner - GPIS in

its FCRA Bank A/c No. 005103000000888 with IDBI

Bank, Chennai. However, the funds were not credited

to their account without any explanation.

04.07.2014 The Petitioner sent a letter to IDBI Bank, Chennai as

well as an email regarding the reasons for not

crediting the amount transferred from Amsterdam.

There was no response from the Bank to the letter.

07.07.2014 IDBI Bank, Chennai responded to the Petitioner’s

email sent on 04.07.2014 saying that they were

awaiting MHA’s response regarding the matter.

29.07.2014

The Petitioner again sent an email to IDBI Bank,

Chennai inquiring about the status of the funds vis-à-

vis MHA’s decision.

17.7.2014 The Petitioner, through its Executive Director, wrote a

letter to the Respondent - Ministry pointing out all

the relevant facts and stating that the Government,

the RBI or the concerned bank cannot keep any

information secret if it is affecting not only

Petitioner's day to day functioning but also their

ongoing programmes. The Petitioner requested for

providing all the relevant information/circulars/GOs

issued by the MHA as well as by the RBI directing

that the funds transferred to the account of the

Petitioner be kept in abeyance and should not be

cleared without prior approval of the MHA. The

Petitioner also stated that in case the required

information was not provided within a reasonable

time or the MHA instructions were not withdrawn

GPIS would proceed with necessary action. However,

there was no response.

15.07.2014 The Petitioner – GPIS sent an RTI application under

the Right to Information Act, 2005 to seeking details

and copies of all communications and instructions

from the MHA received by the RBI after 1st May, 2014

concerning Greenpeace International and Climate

Works and Greenpeace India.

24.07.2014 The RBI responded to the Petitioner’s application

stating that the information sought was exempt from

disclosure under Section 8(1)(a) of the RTI Act, 2005

as it would prejudicially affect the security interest of

the State.

06.08.2014 The Petitioner met officials from IDBI Bank, Chennai

where they were again told that the bank had not

received any reply from the Respondent – Ministry.

27.08.2014 Writ Petition filed.



W.P (Civil) No. _____ of 2014

IN THE MATTER OF:

Greenpeace India Society through its Executive Director New No. 47 (Old No. 22), IInd Cross Street, Ellaiyamman Colony, Gopalpuram, Chennai - 600 086. ...Petitioner Versus 1. Union of India

Through its Secretary Ministry of Home Affairs Foreigners Division, FCRA Wing, Government of India Jaising Road Opposite Jantar Mantar New Delhi-110001

2. IDBI Bank Limited Through Its Manager

2nd Floor No.7, Chevalier Sivaji Ganesan Salai (South Boag Road) T. Nagar CHENNAI - 600017 ...Respondents

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

TO

THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HIGH COURT OF DELHI AT NEW DELHI

MOST RESPECTFULLLY SHEWETH:

1. That this Writ Petition under Article 226 of the Constitution







with the provisions of FCRA. The Petitioner gave a

representation dated 17.7.2014 asking for the relevant

documents on the basis of which such illegal prohibitory

action has been taken by Respondent No.1 but no document

has been given so far. The Respondent No.1 has also not

given any reply to the said representation dated 17.7.2014.

The Petitioner submits that through a clandestine method,





environment/ecology, which is in larger public interest and

the courts have accepted the environmental principles at par

with what has been laid down internationally. The

Respondent No.2 is simply following the directions given by

the Respondent No.1 through Reserve Bank of India and has

therefore, not credited the transferred foreign funds in the

accounts of the Petitioner. The action of the Respondents is

in violation of Article 14 and 19 of the Constitution besides

also violating the principles of Natural Justice. Hence this Writ

Petition.

2. BRIEF FACTS:

(i) The Petitioner – Greenpeace India Society (hereinafter

'GPIS') is a non-profit organisation registered under the

Tamil Nadu Societies Registration Act, 1975. It enjoys

Tax Exemption under Section 12AA of the Income Tax

Act, 1961. Income tax exemption has also been

granted to its donors under Section 80G. The Members

of GPIS are all Indian Citizens: the Executive

Committee consists of 7 elected members. A true and

correct copy of the Memorandum of Association of

GPIS and list of members and office bearers is

Annexure P-1 (colly.).

(ii) That the Petitioner has not only taken up but is also

continuously focusing on important environmental

issues such as climate change, promoting renewable

energy and sustainable agricultural for which it is

dependent on the flow of funds. Inter alia, they have

been successful in establishing solar micro-grid projects

in rural areas, protecting farmers’ rights and opposing

indiscriminate GMO trials, promoting sustainable

development in MNCs and aiding in the preparation of

the 12th Five Year Plan. A true and correct copy of

some of the Petitioner’s successful campaigns is


(iii) The GPIS has a permanent registration under the

Foreign Contribution (Regulation) Act (FCRA). FCRA

Registration No. 075901062 (Social) has been allotted

to it vide Ministry of Home Affair letter No.-II/21-

22/67(229)2005-FCRA III dated 21.09.2005. A true

and correct copy of the FCRA Registration dated 21st

September, 2005 is Annexure P-3.

(iv) That around 60% of the funds of GPIS are generated

from domestic donations from individual Indian

citizens; the remainder comes from foreign

contributions, mainly from Greenpeace International

(GPI) based in Amsterdam. The GPIS is a non-profit

organisation, having presence in 40 countries across

Europe, America, Asia, and the Pacific.

(v) That about 3 lac Indian donors have contributed to the

GPIS so far. The number of current active donors is

about 75,000, who contribute small sums, from Rs. 100

to 750 per month. They are issued 80G certificate

every year.

(vi) In the year 2012, the FCRA Department of Respondent

No.1 sent a questionnaire to which the petitioner gave

its reply. Again, in the year 2013 the FCRA Department

sent another questionnaire to which the Petitioner gave

a detailed reply on 12th June, 2013. The Petitioner

submits Annual Returns by September of every year,

after approval of its audited account in the AGM. The

Petitioner publishes its Annual Report in which an

account of their activities is provided along with their

financial report. The Petitioner also published details of

receipts and expenditure on FCRA grants on its

website:

http://www.greenpeace.org/india/Global/india/docs/FC

RA_Receipts_Utilisation_2012-13-

Greenpeace_India_Society.pdf. This fact is mentioned

only to show that the Petitioner has complied with all

requests for information by Respondent No.1 regarding

foreign funding and that the Petitioner has been

complying with all the legal formalities required for

maintaining its FCRA registration under the FCRA Act,

2010. A true and correct copy of the relevant extracts

from the Annual Reports of 2011 and 2012 is


(vii) That the return for the last financial year ended on 31st

March, 2013 and it was submitted by the Petitioner

before the due date i.e. on 31.12.2013.

(viii) That it is pertinent to mention that the Planning

Commission, Government of India has issued a National

Policy on the Voluntary Sector in May, 2007 one of the

main objectives of which is to create an enabling

http://www.greenpeace.org/india/Global/india/docs/FCRA_Receipts_Utilisation_2012-13-Greenpeace_India_Society.pdf



environment for voluntary organizations (VOs).

Relevant paras. from the Policy are quoted below for

ready reference:

“4.1 The independence of VOs allows them to

explore alternative paradigms of development to

challenge social, economic and political forces

that may work against public interest and to find

new ways to combat poverty, deprivation and

other social problems. It is therefore crucial that

all laws, policies, rules and regulations relating to

VOs categorically safeguard their autonomy, while

simultaneously ensuring their accountability the

objectives as well as creation of enabling

environment for the voluntary sector.”

“4.7 International funding of voluntary

organizations plays a small, but significant part in

supporting such organizations and their work in

the country. An organization seeking foreign

funding must be registered under the Foreign

Contribution (Regulation) Act. This law prescribes

stringent screening norms that often restrict the

ability of VOs to avail foreign funds. When

approved, there are problems like funds must be

held in a single bank account, thus presenting

enormous difficulties to VOs working at different

locations. The Government will review the FCRA

and simplify its provisions that apply to VOs, from

time to time, in consultation with the joint

consultative group to be set up by the concerned

Ministry (as suggested under para 5.4).”

“4.9 The Government will encourage all relevant

Central and State Government agencies to

introduce pre-service and in-service training

modules on constructive relations with the

voluntary sector. Such agencies should introduce

time bound procedures for dealing with the VOs.

These would cover registration, income tax

clearances, financial assistance, etc. There would

be formal systems for registering complaints and

for redressing grievances of VOs.”

A true and correct copy of the National Policy on the

Voluntary Sector is Annexure P-5.

(ix) That on 23.6.2014 St. Greenpeace Council, Amsterdam

transferred an amount of Euros 235000 to GPIS in its

FCRA Bank A/c No. 005103000000888 with IDBI Bank,

Chennai.

(x) That when the Petitioner contacted IDBI Bank vide

letter dated 04.07.2014, they were informed that as per

instructions from RBI through the office of Respondent

No.1-Ministry of Home Affairs, prior clearance has to be

obtained from the Ministry of Home Affairs before the

funds can be transferred/credited in the Petitioner's

account. This Petitioner was informed of this orally. The

Petitioner, therefore, requested the Manager, IDBI Bank

to give the said RBI Circular so that the Petitioner can

effectively represent their case before the Ministry of

Home Affairs. However, the Bank refused to provide the

said letter stating that it is confidential. A true and

correct copy of the letter dated 04.07.2014 by the

Petitioner is Annexure P-6.

(xi) That the Petitioner contacted IDBI Bank vide email on

04.07.2014 and again on 29.07.2014 to enquire about

the status of the funds vis-à-vis MHA’s decision,

however, on both occasions the bank merely repeated

that the matter had been taken up by the MHA and

they were awaiting the Ministry’s decision, vide emails

email dated 07.07.2014 and 01.08.2014. A true and

correct copy of the said emails dated 07.07.2014 and

01.08.2014 are Annexure P-7 (Colly.)

(xii) That on 17.7.2014 the Petitioner, through its Executive

Director, wrote a letter to the Respondent - Ministry

pointing out all the relevant facts and stating that the

Government, the RBI or the concerned bank cannot

keep any information secrete if it is affecting not only

Petitioner's day to day functioning but also their

ongoing programmes. The Petitioner requested for

providing all the relevant information/circulars/GOs

issued by the MHA as well as by the RBI directing that

the funds transferred to the account of the Petitioner

be kept in abeyance and should not be cleared without

prior approval of the MHA. The Petitioner made it

absolutely clear in the letter as follows:

“In case the required information is not provided

to us within a reasonable time or the above

instructions by your office (MHA) are not

withdrawn we will be constrained to proceed with

necessary action on the basis that funds

transferred has been blocked from being credited

in our bank a/c with IDBI Bank Ltd, Chennai on

the instructions of your office (MHA) as well as

RBI and that your department and the RBI are

not willing to share the relevant documents

pertaining to such an arbitrary and illegal action,

with us.”

A true and correct copy of the letter dated 17.07.2014

by the Petitioner is Annexure P-8.

(xiii) That no reply to the above letter dated 17.7.2014 has

been received by the Petitioner till date.

(xiv) That an RTI application under the Right to Information

Act, 2005 was sent to RBI vide letter dated 15.07.2014

seeking details and copies of all communications and

instructions from the MHA received by the RBI after

01.05.2014 concerning Greenpeace International and

Climate Works and Greenpeace India. In response,

GPIS was informed by RBI that the information sought

was exempt from disclosure under Section 8(1)(a) of

the RTI Act, 2005 as it would prejudicially affect the

security interest of the State vide letter dated

24.07.2014. A true and correct copies of the letters

dated 15.07.2014 and 24.07.2014 are Annexure P-9

(colly.).

(xv) That the Petitioner again met officials from IDBI Bank,

Chennai on 06.08.2014 where they were again told

that the bank had not received any reply from the

Respondent - Ministry.

(xvi) That in view of the above, and in view of the facts that

the respondents are not providing any information,

they are not replying to the Petitioner’s queries and

they are not removing the restriction regarding

crediting of the amount transferred in the bank a/c of

the Petitioner, the Petitioner has no other option but to

file this writ petition.

3. That the Petitioner has not filed any other writ petition claiming

the reliefs as sought for in this Writ Petition.

4. The Petitioner has been registered under the FCRA at Delhi. The

returns are submitted by the Petitioner to Respondent No.1 at

Delhi. The impugned instructions have been issued by

Respondent NO.1 located at Delhi and the representation dated

17.7.2014 was given to the Respondent No.1 at New Delhi. The

cause of action has arisen in Delhi and Delhi High Court has,

therefore, jurisdiction to hear this Writ Petition.

5. That this Writ Petition has been filed on the following, amongst

other,

GROUNDS

(I) Because the Petitioner, a society registered under the Tamil

Nadu Societies Registration Act, 1975, has been campaigning on

important environmental issues since 2002. It has received

permanent registration under FCRA in September, 2005 and has

been meticulously complying with all the provisions of the FCRA,

2010 (as amended). The Petitioner is submitting returns

regularly and also publishing it in public domain, on its website.

If the Petitioner is following all the parameters of law, it is

impermissible and incomprehensible that the Government

through the MHA can clandestinely, and without any notice or

information, take such an action which prejudicially affects the

Petitioner. Such an action of the Respondents is arbitrary, unjust

and violative of Article 14 of the Constitution.

(II) Because the Petitioner was informed only orally by IDBI bank

about some RBI instructions, received from MHA, for

not crediting the funds of Euros 235000 in the account of the

Petitioner. Neither the bank nor the MHA gave any information

in writing as to why the said amount, which was transferred as

early as on 23.6.2014, has still not been credited in the account

of the petitioner. It is submitted that the rights and obligations

of the Petitioner are covered by the provisions of FCRA and it is

not permissible for either of the Respondents to take an action

which violates the provisions of FCRA. Rule of law does not

allow any Government or Government Authority to adversely

affect the rights of a person or a body without informing him as

to what action it is taking or is contemplating to take against

such a person / body. The action of the Respondents is violative

of Article 19(1)(a) of the Constitution which covers the

fundamental right of a person to receive information. It is clear

from the document that inspite of the letter dated 17.7.2014,

the Respondent No.1 has not provided the requisite information

and is illegally continuing with its instruction of not permitting

the transferred amount to be credited in the account of the

Petitioner.

(III) Because the Planning Commission as well as the

Government recognizes the fact that the Voluntary

Organizations should work independently and their

autonomy should be preserved. Many times they may work

against the Government policy or work differently. But that

should not be and cannot be a reason to take adverse

action. The Government can only scrutinize the utilization of

foreign contribution which the NGOs receive, as long as it is

within the parameters of the FCRA, 2010. They cannot

resort to using clandestine methods to obstruct the free flow

of funds.

(IV) Because the Petitioner on the basis of the flow of funds has

not only taken up but is also continuing with the important

issues focusing on climate change, promoting renewable

energy and sustainable agriculture. It has involved people

across the country in these programs. That on the basis of

opaque instructions/ information, Respondent No.1 has

blocked the transfer of funds in the accounts of the

Petitioner which is affecting the petitioner in conducting its

activities as per its aims and object and in accordance with

law. Such an action of the Respondents besides violating 14,

19(1)(a)of the Constitution also violates Article 19(1)(g) of

the Constitution.

(V) Because the only power which the Petitioner could find in

the FCRA where the Central Government can prohibit the

receipt of foreign contribution is mentioned in Section 9 of

the FCRA, which is quoted below for ready reference:

“9. Power of Central Government to prohibit

receipt of foreign contribution, etc., in certain

cases. –

The Central Government may—

a. prohibit any person or organization not specified

in section 3, from accepting any foreign contribution;

b. require any person or class of persons, not

specified in section 6, to obtain prior permission of the

Central Government before accepting any foreign

hospitality;

c. require any person or class of persons not

specified in section 11, to furnish intimation within

such time and in such manner as may be prescribed

as to the amount of any foreign contribution received

by such person or class of persons as the case may

be, and the source from which and the manner in

which such contribution was received and the purpose

for which and the manner in which such foreign

contribution was utilised;

d. without prejudice to the provisions of sub-section

(1) of section 11, require any person or class of

persons specified in that sub-section to obtain prior

permission of the Central Government before

accepting any foreign contribution;

e. require any person or class of persons, not

specified in section 6, to furnish intimation, within

such time and in such manner as may be prescribed,

as to the receipt of any foreign hospitality, the source

from which and the manner in which such hospitality

was received:

Provided that no such prohibition or requirement shall

be made unless the Central Government is satisfied

that the acceptance of foreign contribution by such

person or class of persons, as the case may be, or the

acceptance of foreign hospitality by such person, is

likely to affect prejudicially --

i. the sovereignty and integrity of India; or

ii. public interest; or

iii. freedom or fairness of election to any

Legislature; or

iv. friendly relations with any foreign State; or

v. harmony between religious, racial, social,

linguistic or regional groups, castes or

communities.”

It is clear from the above provisions that communication has

to be made by the Central Government and that no

prohibition or requirement shall be imposed unless the

Central Government is satisfied that the acceptance of the

Foreign Contribution is likely to affect the sovereignty and

integrity of India etc. and in no other situation.

It is submitted that if the Central Government wanted to

invoke the provisions of Section 9, it ought to have given a

notice to the Petitioner pointing out why the prohibition is

required. It goes without saying that only after providing

hearing to the Petitioner and complying with the principles

of natural justice that any such order prohibiting receipt of

foreign contribution could have been passed. The

Respondent No. 1 has not followed the said provision and is

abusing the powers given under FCRA, totally arbitrarily and

illegally.

(VI) Because the Petitioner had given a representation on

17.7.2014 mentioning all the necessary details and had

requested the Respondent No.1 to provide necessary

information in omission of which it will be presumed that the

MHA is not willing to share the necessary information with

the Petitioner in relation to their arbitrary and illegal action.

Inspite of receipt of the said representation, neither any

reply has been given by the Respondent No.1 nor have the

concerned documents been supplied to the Petitioner.

(VII) Because the Petitioner sent an RTI application, as per the

Right to Information Act, 2005, to RBI vide letter dated

15.07.2014 seeking details and copies of all communications

and instructions from the MHA received by the RBI after 1st

May, 2014 concerning Greenpeace International and Climate

Works and Greenpeace India. In response, GPIS was

informed by RBI vide letter dated 24.07.2014 that the

information sought was exempt from disclosure under

Section 8(1)(a) of the RTI Act, 2005 as it would prejudicially

affect the security interest of the State and they did not

provide any information for even a single query made

through the application.

(VI) That the Petitioner craves leave to add further grounds, if

required.

PRAYER

The Petitioner, therefore, prays that in the facts and

circumstances of the present case this Hon'ble Court may be

pleased to issue writ of mandamus/certiorari or any other

appropriate writ or Direction in the like nature to the

Respondent :

a) Direct the Respondents to produce all the papers/

documents in the file maintained by them before this

Hon'ble Court and to set aside/quash all the letters

/documents/orders/directions by which the crediting of

amounts received by the Petitioner as foreign contribution

has been prohibited.

b) Direct that the amount of Euros 235000 transferred on

23.6.2014 from St Greenpeace Council be credited in the

FCRA Account No. 005103000000888 of the Petitioner

with IDBI Bank Ltd, Chennai.

c) Pass such other and further orders as this Hon'ble Court

may deem fit and proper in the facts and circumstances of

the case.

Filed by:

SETTLED BY:

SANJAY PARIKH,

ADVOCATE

(Mamta Saxena, N.Vidya, Prachi Arya)

ADVOCATES FOR THE PETITIONER


9899610450, 9999768914

Date: 27.08.2014



C.M.P. NO. ________OF 2014

IN

W.P (C) No. _______ of 2014

IN THE MATTER OF :


Versus

Union of India …. Respondent

APPLICATION FOR INTERIM DIRECTIONS

TO

THE HON’BLE THE CHIEF JUSTICE OF INDIA

AND HIS HON’BLE COMPANION JUDGES

OF THE HIGH COURT OF DELHI

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner has filed the accompanying writ petition

wherein all the facts have been mentioned in detail. Those

facts are reiterated and relied upon for the purpose of this

application.

2. That this Writ Petition under Article 226 of the Constitution







with the provisions of FCRA.

3. The Petitioner gave a representation dated 17.7.2014 asking

for the relevant documents on the basis of which such illegal

prohibitory action has been taken by Respondent No.1 but no

document has been given so far. The Respondent No.1 has

also not given any reply to the said representation dated

17.7.2014.

4. The Petitioner submits that through a clandestine method





environment/ecology which is in larger public interest and the

courts have accepted the environmental principles at par with

what has been laid down internationally. The Respondent

No.2 is simply following the directions given by the

Respondent No.1 and has therefore, not credited the

transferred foreign funds in the accounts of the Petitioner.

5. The action of the Respondents is in violation of Article 14 and

19 of the Constitution besides the same violating the

principles of Natural Justice.

6. The Application for Interim Directions is filed in the interest

of justice.

PRAYER

The Petitioner, therefore, prays that in the facts and circumstances

of the present case and during pendency of the Writ Petition this

Hon'ble Court may be pleased to:

a) Direct the Respondents to release the funds allowing the

Petitioners to utilize it as they deem fit during the pendency

of this writ petition;

b) Pass such other and further orders as this Hon'ble Court may

deem fit and proper in the facts and circumstances of the

case.

Drawn and filed by



9899610450, 9999768914 Date: 27.08.2014




IN THE MATTER OF :


Versus

Union of India & Anr. …. Respondents

INDEX

S.No. Particulars

Pages

1. Notice of Motion

2. Urgent Application

3. Synopsis & List of Dates

4. Memo of Parties

5. Writ Petition along with affidavit

6. Annexure P-1:

true and correct copy of the Memorandum of Association

of GPIS and list of members and office bearers

7. Annexure P-2:

rue and correct copy of some of the Petitioner’s successful

campaign

8. Annexure P-3:

true and correct copy of the FCRA Registration dated 21st

September, 2005

.

9. Annexure P-4:

true and correct copy of the relevant extracts from the

Annual Reports of 2011 and 2012

10. Annexure P-5:

true and correct copy of the National Policy on the

Voluntary Sector

11. Annexure P-6:

true and correct copy of the letter dated 04.07.2014

12. Annexure P-7 (Colly):

true and correct copy of the said emails dated 07.07.2014

and 01.08.2014

13. Annexure P-8

true and correct copy of the letter dated 17.07.2014 by the

Petitioner

14. Annexure P-9 (Colly):

A true and correct copies of the letters dated 15.07.2014

and 24.07.2014

15. CMP NO. ____ OF 2014

Application for interim directions

in the high court of delhi at new delhi (civil...

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