The Delhi High Court on Thursday asked the Central Government to file before a single judge an application seeking vacation of an interim order permitting the NGO Commonwealth Human Rights Initiative (CHRI) to withdraw Rs. 20 lakh from its own reserve/domestic funds.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Union Government to file the application in the plea filed by CHRI challenging the cancellation of certification of registration granted under Foreign Contribution (Regulation) Act.

The Government had challenged the single judge's order passed on May 19 directing the NGO to release Rs. 20 lakh from its reserved fund.

While doing so, the single judge had observed that CHRI shall be entitled to disburse the amount towards various recurring expenses required for its operations.

Challenging the order, ASG Chetan Sharma argued that the impugned order disposed of the application without issuing any notice to the central government and thus, the government was deprived of the opportunity to file its objections.

It was argued that though oral submissions were permitted but the single judge ought to have given an opportunity to file written objections to the application.

On the other hand, Senior Advocate CU Singh appearing for CHRI said that after the impugned order was passed, a recall application was filed by Union Government which was heard on July 19.

Singh said that Union Government was permitted to withdraw the application while granting liberty to file an appropriate application, including for vacation of May 19 order.

Having considered the submissions of the parties, the Bench today said that it need not go into the merits of the submissions as the impugned order of May 19 is an interim order, vacation of which can very well be sought by the government.

Accordingly, the Court disposed of Government's appeal by granting it liberty to move the vacation application before the single judge within a week. It said that any responses to be filed to the said application be filed within a week thereafter.

The Court was informed that pleadings were completed before the single judge in CHRI's petition which is listed for hearing on September 30.

The Bench then requested the single judge to expedite the proceedings in the writ petition as well as the application seeking vacation of the order to be filed by the central government

It clarified that in case it is not possible for single judge to hear the matter finally on September 30, an endeavour be made to complete the hearing of the application.

“Needless to say that the parties will be at liberty to press any other miscellaneous application pending before the single judge. It is made clear that the observations made here shall not be construed to he any reflection of this court on the merits of the claim of the respective parties,” the Court said.

It added: “We further observe that all the issues and grounds will be open to be pressed by the parties, including the maintainability of the writ petition. The appeal stands disposed of in the aforesaid terms.”

Title: Union of India v. CHRI