The Delhi High Court on Tuesday directed the Centre to release foreign contributions to Greenpeace India that were frozen by the Ministry of Home Affairs in June last year, observing that there was no material on record to restrict the environmental NGO from accessing foreign fund.
Greenpeace India hailed the court’s decision as a “victory for democracy and free speech” and recognition of the vital role NGOs play in a free society.
Disposing of Greenpeace India’s writ petition, Justice Rajiv Shakdher said the Home Ministry had not produced any material on record against Greenpeace India or Greenpeace International. “The amount in fixed-deposit in the bank be unblocked and transferred to Greenpeace India’s account,” the court said. It had, in September last year, ordered that the frozen foreign donations totalling €2,35,000 be kept in interest-earning fixed deposit till further orders.
Pulling up the Centre for not issuing notice to the NGO before freezing its account, the court said the recipient was entitled to an opportunity to be heard. However, the Centre was free to take action against Greenpeace India if it was found violating the FCRA norms.
The court observed that all NGOs were entitled to their views, and it could not be surmised that they were acting against national interest merely because they were not in consonance with the government’s views.
The court also noted that the Home Ministry had stated in its reply that Greenpeace India could have access to all foreign funds except those of Greenpeace International, as the latter had been put on a watch list. But no material was placed on record against Greenpeace International.
While the Central government’s standing counsel Jasmeet Singh opposed the arguments of Greenpeace India and contended that the Home Ministry had a problem with the donor, petitioner Greenpeace International’s counsel Sanjay Parikh said the Ministry’s decision was never communicated to it.
Counsel contended that Greenpeace India submitted a representation to the Centre in July last year asking for the relevant documents, but did not receive any reply.
