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This is an archive article published on April 8, 2008

Order prohibiting relief work by NGOs stayed

The Supreme Court on Monday stayed an order of the District Magistrate of Kandhamal in Orissa that prohibited NGOs and charitable institutions...

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The Supreme Court on Monday stayed an order of the District Magistrate of Kandhamal in Orissa that prohibited NGOs and charitable institutions from carrying out relief work in the district, following the violence that broke out in last week of December.

The order came on a petition filed by the Archbishop of Cuttack who claimed that both the Orissa Government and the Centre had failed in rehabilitating those affected by the violence in the tribal-dominated district.

Advocate Colin Gonsalves, arguing for Archbishop Rapheal Cheenath, informed the court that the DM on January 1, 2008 gave a direction to officials in the district saying, 8220;no charitable or religious bodies or NGOs be allowed to carry out any relief work and that action will be initiated against those violating this direction.8221;

Gonsalves also informed a Bench, comprising Justices H K Sema and Markandeya Katju, that the High Court refused to modify the said direction.

The High Court on January 28, 2008 held that there was no scope for judicial review of the situation and upheld the order issued by the District Magistrate. It had also refused to accept Archbishop8217;s plea seeking modification of DM8217;s order to the extent allow him to extend basic assistance to his parishioners and rebuild the orphanages, hostels and institutions established by him as the Archbishop of Cuttack.

While staying the impugned decision of the DM along with High Court judgment, the Bench also sought responses of the Union Government, state Government and the DM, besides other respondents named in the case.

The communal violence continued for about a week beginning just before Christmas celebrations on December 24, 2007.

 

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