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
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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
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL WRIT JURISDICTION)
Civil W.P No. _____ of 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 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 …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
(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: 27.08.2014
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.
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL WRIT JURISDICTION)
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
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.
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
Annexure P-2 (colly.).
(iii) The GPIS has a permanent registration under the