Delhi High Court today allowed Greenpeace India to withdraw its plea challenging suspension of its registration under Foreign Contribution Regulations Act and freezing of five bank accounts, a day after Madras High Court stayed for eight weeks the order cancelling the registration.
Observing that the NGO cannot be forced to pursue the matter here, Justice R S Endlaw said "accordingly, writ petition is dismissed as withdrawn."
The court clarified that since Greenpeace has decided not to pursue the matter, it was open to the government to take whatever action permissible under the law for transactions carried out by the NGO under the interim order defreezing two of its domestic accounts.
Greenpeace's move to withdraw its petition comes a day after the Madras High Court set aside the government's September 2 order cancelling its FCRA registration.
Additional Solicitor General (ASG) Sanjay Jain, representing the Ministry of Home Affairs (MHA), opposed the NGO's plea saying it was indulging in "forum shopping".
He also said that MHA was considering moving the Supreme Court to get the plea before Madras HC transferred to Delhi.
He said Greenpeace had moved Madras HC claiming its offices, records, legal advisors and other officials were located in Chennai and it would be convenient for it to challenge cancellation of FCRA registration there.
The ASG said the government was "caught by surprise" by the Greenpeace move as the issue pertaining to its FCRA registration was being determined here.
The court, however, said "whether move to Madras HC was proper or not is to be decided by that court or the Supreme Court."
"All pleas taken by the government before this court would remain unaffected by withdrawal of the petition and can be taken up before Madras HC.
"The petitioner having chosen not to pursue this petition and not having sought liberty, cannot be forced to pursue this petition," it said.
