In a partial relief to Greenpeace India, the Delhi High Court on Wednesday allowed it to access and operate two domestic bank accounts for its “day to day” functioning and to run the NGO according to its “aims and objectives as per law”. The court of Justice Rajiv Shakdher also told the Home Ministry that it could “not choke them of their funds”. The NGO can now access contributions made to it by domestic donors, but the accounts previously frozen will not be released for now. The court has,however, directed the Home Ministry to consider the application filed by the NGO under the Foreign Contributions (Regulation) Rules to release up to 25 per cent of their frozen funds within eight weeks. [related-post] “You have to release some funds. they need to pay the bills. The way of going forward is that you (Centre) release some funds,” the court told the government during the hearing. Additional Solicitor General Sanjay Jain told the court that the Home Ministry was willing to consider the NGO’s plea, but said the group must come clean on the details of its bank accounts. “Greenpeace has not responded to our queries,” Jain said. The court also directed the NGO to submit documents demanded by Home Ministry, even as the counsel for Greenpeace argued that the government was “prejudiced” against the NGO and “more than 2/3rd of the funds” in its bank accounts were from domestic contributors. The government had cancelled Greenpeace’s registration under Foreign Contribution Regulations Act on grounds of allegedly violating norms by opening five accounts to use foreign donations without informing authorities concerned. The Home Ministry also told the court that the NGO had violated FCRA by merging its foreign donations with domestic contributions in five of the seven frozen accounts. Jain also told the court that the freeze on accounts did not stop the NGO from collecting funds in fresh accounts. The court however noted that even if the allegations were correct, “some money can be released.” It also pulled up the banks with whom Greenpeace had domestic accounts for denying access to the accounts despite an earlier HC order allowing the NGO to operate them. It asked the banks to explain why its January order was violated. “Do you go by orders of the court or that of the government,” it asked and added, “You have to follow the court’s judgment.” The court will now hear detailed arguments on the main plea filed by the NGO against the Centre’s decision in September.
