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Greenpeace India got interim relief from the high court here on Wednesday, with the latter allowing the non-government organisation (NGO) access to the majority of funds in two domestic bank accounts. as well as fixed deposit (FD) accounts which the Union ministry of home affairs (MHA) had earlier frozen. Judge Rajiv Shakdher also allowed the NGO to liquidate its FDs, saying these and fresh donations could be used to meet its objectives, in accordance with the laws.
The ministry had blocked seven accounts of Greenpeace India, saying these violated the Foreign Contribution (Regulation) Act, 2010. These included not only the account where the NGO received its foreign donations but also its domestic contributions. The NGO, while replying to the home ministry, also pleaded before the court for de-freezing its accounts and restoring the FCRA licence to receive foreign donations.
The government had on Tuesday defended its decision to cancel the NGO's foreign contribution registration, saying it had violated the FCRA by merging its foreign donations with domestic contributions. In an affidavit to the HC, it alleged five accounts were opened to utilise foreign donations without informing the relevant authorities. It also accused the NGO of not using donations for their intended purpose.
The court has directed the ministry to decide within eight weeks the NGO's application under Rule 14 of the Foreign Contribution (Regulation) Rules. These say 25 per cent of the unutilised amount in the FCRA account can be used with government approval. The ministry had earlier claimed the NGO had applied for seeking benefits under the rule without disclosing this to the court.
The court also permitted Greenpeace immediate access to the savings it held in the FD accounts - the source of the said accounts, it said, could be determined by the government in the course of its probe. The body had said these were domestically funded and had furnished the details. Together, these accounts represented about 60 per cent of Greenpeace India's cash reserves, it had claimed.
Calling the interim relief a 'lifeline', Greenpeace India vowed to restart its campaigns against air pollution and forest destruction. Executive Director Samit Aich said, "We are now able to continue our campaigns on (these), while we prepare to fight the main case. We trust the MHA will respect the judge's decision and not take any further arbitrary actions between now and then."
The court has also pulled up banks for not following the court's earlier direction to allow Greenpeace to access its accounts, agencies reported.
This is the latest turn in a battle between the NGO and the government. A leaked report, purportedly by the Intelligence Bureau, had termed the green group's actions anti-national and the government had once before blocked its funds. Against this, Greenpeace India had got relief from the HC here as well but the government soon followed with a more detailed reasoning of FCRA violation to again block the funds. The government also blocked one Greenpeace activist from travelling to Britain, a decision again countered by court order.
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