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INSAF FCRA Suspension- Contempt Petition Filed in Delhi High Court #mustread

The Delhi High Court quashed the INSAF suspension on 19th September and directed the Home Ministry “to release the account of the petitioner forthwith.”
But till today the FCRA dept has not even bothered to reply!

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       ….  Petitioner

Versus

 

  1. Anil Goswami,

Home Secretary,

Ministry of Home Affairs,

Union of India

North Block, Central Secretariat

New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    ….  Respondent

  • MEMO OF PARTIES

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       …. Petitioner

Versus

 

  1. Anil Goswami,

Home Secretary, Ministry of Home Affairs,

Union of India North Block,

Central Secretariat, New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    …. Respondents

 

(KABIR DIXIT)

  • New Delhi      ADVOCATE

Dated                      A-10, Second Floor

Jangpura Extension

New Delhi-110014

+91.9999087047

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

IN THE MATTER OF:

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       …. Petitioner

 

Versus

 

  1. Anil Goswami,

Home Secretary, Ministry of Home Affairs,

Union of India North Block,

Central Secretariat, New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    …. Respondents

 

 

PETITION UNDER SECTION 12 OF THE CONTEMPT OF COURT ACT, 1972 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA.

 

TO,

HON’BLE THE CHIEF JUSTICE

AND HIS COMPANION JUSTICES

OF THE HON’BLE HIGH COURT OF DELHI,

NEW DELHI.

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

  1. That the Petitioner is filing the instant Contempt Petition being aggrieved by the deliberate disregard, willful disobedience and willful breach by the Respondent of the directions issued to the said Respondent by this Hon’ble Court in its final judgment and order dated 19.09.2013 in the present Writ Petition i.e. Writ Petition (Civil) No. 4982 of 2013. This Hon’ble Court while allowing the said Writ Petition was pleased to set aside the respondent’s order impugned therein viz. no. F.No. II/21022/58(034)/2013 – FCRA (MU) dated 30.04.2013 passed by the Ministry of Home Affairs, Union of India-Respondent herein under Section 13 of the Foreign Contribution (Regulation) Act, 2010, suspending the permanent registration of the Petitioner-Forum for 180 days. This Hon’ble Court was further pleased to direct the respondent to release the frozen FCRA accounts of the petitioner forthwith. A true copy of the judgement and order dated 19.09.2013 passed in the said Writ Petition (Civil) No. 4982 of 2013 is appended hereto and marked asANNEXURE P-1.
  2. That it is submitted that Respondent No. 1 and Respondent No. 2 are the contemnors in the instant matter. Respondent No. 1, in his capacity as the Home Secretary is obligated to ensure compliance with the directions of the Hon’ble Court. Respondent No. 2 is the Director, FCRA Wing of the Foreigner’s Division of Ministry of Home Affairs. In this capacity, while working under Respondent No. 1, Rrespondent No. 2 was the authority, who issued the impugned order of suspension dated 30.04.2013 and would be the authority revoking the same and defreezing the accounts of the Petitioner.
  3. That vide an Order (letter F.No. II/21022/58(034)/2013 – FCRA (MU)) dated 30.04.2013, the Ministry of Home Affairs, Union of India – Respondent herein, in purported exercise of Section 13 of the Foreign Contribution (Regulation) Act, 2010, suspended the permanent registration of the Petitioner – Forum for 180 days, without giving any reasons;
  4. That simultaneously, vide the above said suspension of the petitioner’s permanent registration under the Foreign Contribution Regulation Act, 2010, the Respondent froze the petitioner forum’s FCRA Account (No. 000717805219) with the Indian Bank, Mehrauli Road Branch, New Delhi, IFS Code IDIB000M089.
  5. That on 02.8.2013, the Petitioner preferred the present Writ Petition (Civil) No. 4982 of 2013 before this Hon’ble Court.
  6. That on 06.08.2013, vide an interim order, this Hon’ble Court directed the Respondent to release from the FCRA accounts of the petitioner, arrears of 3 months’ salary of the Petitioner’s staff till July 31, 2013. In terms of the said order, the petitioner was to supply the details of its staff and their salaries as outstanding till 31.07.2013 to the Respondent by 07.08.2013. A true copy of the interim order dated 06.08.2013 passed in the said Writ Petition (Civil) No. 4982 of 2013 is appended hereto and marked asANNEXURE P-2 to this petition.
  7. That in compliance of this Hon’ble High Court’s order dated 06.08.2013 an affidavit containing details of the Petitioner’s staff and the details of arrears of their salary for 3 months up till July 31, 2013 was duly furnished by the Petitioner within time i.e. by 07.08.2013 to the Respondent, as well as to the Hon’ble Court. A true copy of the said affidavit dated 07.08.2013 submitted by the Petitioner in compliance of this Hon’ble High Court’s order dated 06.08.2013 containing details of the Petitioner’s staff and the details of arrears of their salary for 3 months up till July 31, 2013 is appended hereto and marked as ANNEXURE P-3 to this petition.
  8. That despite this Hon’ble Court’s order dated 06.08.2013, till 19.09.2013 no arrears of salary for the Petitoner’s staff were released by the Petitioner in willful disregard of this Hon’ble High Court’s order. This fact itself would have amounted to contempt of this Hon’ble Court had a final judgment not come soon after in the said matter. Nevertheless, the non-payment of the arrears of salary by the Respondent in disregard of the Hon’ble High Court’s order demonstrates that the respondent is resolute in his decision to disregard the directions of the Court and is deliberately committing contempt of the court’s directions.
  9. That on 19.09.2013, this Hon’ble Court finally disposed of the said writ petition allowing the same and quashing the impugned order of the Respondent dated 30.04.2013. In its final judgment and order dated 19.09.2013, this Hon’ble Court expressly and categorically directed the Respondent to “forthwith” release to the Petitioner the funds in the Petitioner’s FCRA account, as follows:

“The respondent is directed to release the account of the petitioner forthwith.”

  1. That despite this Hon’ble High Court’s categorical and unequivocal directions for immediate release of the funds in the Petitioner’s FCRA account by the Respondent, the Respondent has till date not released the said funds in utter contempt and deliberate and willful disregard of the Hon’ble High Court’s final judgment and order dated 19.09.2013.
  2. That immediately after this Hon’ble Court passed its final order and judgment in the present writ petition on 19.09.2013, the Petitioner submitted a representation dated September 24, 2013 to the Respondent. With this representation the petitioner enclosed a copy of the Judgment dated 19.09.2013 under the signatures of the Court Master. In the said representation the petitioner requested the Respondent to comply forthwith with the directions contained in this Hon’ble High Court’s judgment by releasing the funds in the Petitioner’s FCRA account. The said representation was faxed on the Respondent’s official fax number and also hand delivered. A true copy of the representation dated September 24, 2013 submitted by the Petitioner to the Respondent requesting the Respondent to comply with the directions contained in this Hon’ble High Court’s judgment dated 19.09.2013 along with the hand delivery receipts of the said representation by the Respondent are appended hereto and marked as ANNEXURE P-4 to this petition.
  3. That the Respondent neither replied nor responded to the Petitioner’s aforesaid representation dated September 24, 2013 by issuing any directions for the release of the said funds but maintained a studied silence.
  4. That thereafter, on September 26, 2013 the Petitioner issued a cheque no. 165318 drawn on the Petitioner’s FCRA account no. 000717805219 with the Indian Bank, Mehrauli Road Branch, New Delhi, IFS Code IDIB000M089 in favor of ‘M/s Travel Experts’ for a sum of Rs. 62, 490/- (Rupees Sixty two thousand four hundred and ninety rupees only) towards payments due for services availed. The said cheque was presented by the drawee to the Petitioner’s bank on the same date i.e. September 26, 2013. Upon presentation, the said cheque was dishonored. The Bank returned the said cheque with the specific reason (Reason No. 28) mentioned in the Bank’s proforma under Signature’s of the Bank Manager (P.C. 14 104) as ‘account attached/ closed’ with the words ‘stopped’ hand-written next to the said printed reason. A true copy of the cheque dated September 26, 2013 No. 165318 drawn on Petitioner’s FCRA account no. 000717805219 with the Indian Bank, Mehrauli Road Branch, New Delhi, IFS Code IDIB000M089 in favor of ‘M/s Travel Experts’ for a sum of Rs. 62, 490/- (Rupees Sixty two thousand four hundred and ninety rupees only) is appended hereto and marked as ANNEXURE P-5 to this petition. A true copy of the Bank’s proforma under Signature’s of the Bank Manager (P.C. 14 104) specifying the reason for dishonor of the Petitoner’s cheque as ‘account attached/ closed’ with the words ‘stopped’ hand-written next to the said printed reason is appended hereto and marked as ANNEXURE P-6 to this petition.
  5. That it is submitted that Petitioner had neither closed its account nor instructed the bankers to ‘stop payment’ for the abovementioned cheque. The said cheques have been dishonored solely because of the respondent’s order freezing the said accounts. The fact that the said accounts remain frozen despite the Hon’ble High Court’s order directing immediate release of the said accounts to the petitioner, amounts to grossest contempt of this Hon’ble High Court and deserves punishment under the law of Contempt of Court.
  6. That it is submitted that the above facts demonstrate beyond any doubt that despite the directions of this Hon’ble High Court contained in the final judgment and order dated 19.09.2013 for immediate release of the funds contained in the Petitioner’s abovementioned FCRA account, the Respondent has deliberately and willfully disregarded the Hon’ble Court’s directions. Consequently, the Respondent has willfully committed contempt of this Hon’ble Court and has become liable for punishment for the same.

 

PRAYERS

It is therefore, most respectfully prayed that this Hon’ble Court may be graciously be pleased to: –

  1. Initiate contempt proceedings against the Respondents for committing contempt of the final judgment and order dated 19.09.2013 passed by this Hon’ble Court in W.P. (C) No. 4982 of 2013;
  2. Punish the Respondents for committing contempt of the final judgment and order dated 19.09.2013 passed by this Hon’ble Court in W.P. (C) No. 4982 of 2013;
  3. pass such other orders in favour of the Petitioner and against the Respondent as may be just and proper in the facts and circumstances of the case;

 

(iii) order costs in favor of the petitioner.

 

 

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

 

 

PETITIONER THROUGH:-

 

 

 

 

(KABIR DIXIT)

    • ADVOCATE

A-10, Second Floor

Jangpura Extension

New Delhi-110014

+91.9999087047

[email protected]

NEW DELHI

DATED:

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi      ….  Petitioner

 

Versus

 

Anil Goswami,

Home Secretary,

Ministry of Home Affairs,

Union of India

North Block, Central Secretariat

New Delhi 110 001    ….  Respondent

 

 

AFFIDAVIT IN SUPPORT OF THE CONTEMPT PETITION

 

I, Mr. Ramesh Sharma, aged 42, S/o- Mr. Ambika Charan Sharma, R/o- B103, Maidangarhi Extension, Chhatarpur, New Delhi 110074, do hereby solemnly affirm and declare as under:-

 

  1. That I am the office manager of the petitioner forum and I am the person duly authorised to swear and depose this affidavit in the above noted contempt petition. I am well conversant with the facts and circumstances of the case, hence am fully competent to swear this affidavit.

 

  1. That the instant Civil Contempt Petition under Section 12 of the Contempt of Court Act, 1972 read with Article 215 of the Constitution of India, for initiation of action against the Respondent for deliberate and willful disregard and willful non-compliance of the final order and judgment dated 19.09.2013 of this Hon’ble Court in writ petition (civil) no. 4982 of 2013, has been drafted under my instructions and the facts stated therein are true and correct to my knowledge.
  2. That I have read and understood the contents of this affidavit and the accompanying annexures thereto. The same have been read over and explained to me in vernacular and I fully understand the same. That the facts stated in Para     to   and Annexure P – 1 and P – 6, which are true and correct copies of their originals, of this affidavit are true to my knowledge, which I believe to be true and correct.

 

DEPONENT

VERIFICATION

I, the deponent above named do hereby verify that the contents of my above affidavit are true and correct to my knowledge.  No part thereof is false and nothing material has been concealed therefrom.

 

Verified on this ______ day of October, 2013 at New Delhi.

 

DEPONENT

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       ….  Petitioner

 

Versus

 

  1. Anil Goswami,

Home Secretary,

Ministry of Home Affairs,

Union of India

North Block, Central Secretariat

New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    ….  Respondent

 

 

INDEX OF PAPERS

S.No.

  • Particulars

Page No.

Court Fee.

Letter of Motion.

A.

Urgent Application

B

Application for exemption from filing certified copies with Affidavit

Memo of Parties

CM _____/2003 Application under section 151 CPC for directions alongwith affidavit

Petition under Section 12 of the Contempt of Courts Act read Section 215 of the Constitution of India alongwith affidavit in support

ANNEXURE P-1 A true copy of the judgement and order dated 19.09.2013 passed in the said Writ Petition (Civil) No. 4982 of 2013.

ANNEXURE P-2 A true copy of the interim order dated 06.08.2013 passed in the said Writ Petition (Civil) No. 4982 of 2013.

ANNEXURE P-3 A true copy of the said affidavit dated 07.08.2013 submitted by the Petitioner in compliance of this Hon’ble High Court’s order dated 06.08.2013 containing details of the Petitioner’s staff and the details of arrears of their salary for 3 months up till July 31, 2013.

ANNEXURE P-4 A true copy of the representation dated September 24, 2013 submitted by the Petitioner to the Respondent requesting the Respondent to comply with the directions contained in this Hon’ble High Court’s judgment dated 19.09.2013 along with the hand delivery receipts of the said representation by the Respondent.

ANNEXURE P-5 A true copy of the cheque dated September 26, 2013 No. 165318 drawn on Petitioner’s FCRA account no. 000717805219 with the Indian Bank, Mehrauli Road Branch, New Delhi, IFS Code IDIB000M089 in favor of ‘M/s Travel Experts’ for a sum of Rs. 62, 490/- (Rupees Sixty two thousand four hundred and ninety rupees only).

ANNEXURE P-6 A true copy of the Bank’s proforma under Signature’s of the Bank Manager (P.C. 14 104) specifying the reason for dishonor of the Petitoner’s cheque as ‘account attached/ closed’ with the words ‘stopped’ hand-written next to the said printed reason.

Vakalatnama

 

 

 

(KABIR DIXIT)

ADVOCATE FOR THE PETITIONER

    • A-10, SECOND FLOOR
    • JANGPURA EXTENSION,
    • NEW DELHI-110014

+91.9999087047

New Delhi

DATED: ____ October, 2013

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       ….  Petitioner

 

Versus

 

  1. Anil Goswami,

Home Secretary,

Ministry of Home Affairs,

Union of India

North Block, Central Secretariat

New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    ….  Respondent

 

 

 

Letter of Motion

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. No. _____ of 2013

in

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi      ….  Petitioner

 

Versus

 

Anil Goswami & Another    ….  Respondent

 

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES

 

MOST RESPECTFULLY SHOWETH:-

 

1. That the Petitioners have filed the accompanying Contempt Petition for the reliefs as prayed for therein being aggrieved by the action of the Respondent in committing contempt of the Hon’ble Court by willfully and deliberately disregarding and not complying with the Hon’ble Court’s final judgment and order dated 19.09.2013. The Petitioners crave leave to read the contents of the said Petition as an integral part of the present application and are not reiterating the contents thereof herein for the sake of brevity and to avoid prolixity.

 

2. That due to the urgency involved in the matter and the ad-interim injunction being prayed for by the Petitioner, the Petitioner is not able to file the certified and typed copies of certain annexed documents. The Petitioner undertakes to file the same within a period of one week.

 

In the aforesaid circumstances, it is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:-

  1. Exempt the Petitioner from filing the certified and typed copies of the annexed documents.
  2. Pass such other or further order or directions as this Hon’ble Court may deem just and proper in the fact and circumstances of the case and in the interest of justice.

 

PETITIONER

THROUGH

 

(KABIR DIXIT)

ADVOCATE

A-10, Jangpura Extension

New Delhi – 14

NEW DELHI

DATED:                       , 2013

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.C.P. NO.                  OF 2013

IN

WRIT PETITION (CIVIL) NO. 4982 OF 2013

 

 

IN THE MATTER OF:

 

Indian Social Action Forum (INSAF)

Through its General Secretary,

A-124/6, Katwaria Sarai

New Delhi       ….  Petitioner

 

Versus

 

  1. Anil Goswami,

Home Secretary,

Ministry of Home Affairs,

Union of India

North Block, Central Secretariat

New Delhi 110 001

 

  1. Mr. A. K. Sinha,

Director, Foreigners Division (FCRA Wing)

Ministry of Home Affairs

New Delhi – 110 001    ….  Respondent

 

AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES

 

 

I, Mr. Ramesh Sharma, aged 42, S/o- Mr. Ambika Charan Sharma, R/o- B103, Maidangarhi Extension, Chhatarpur, New Delhi 110074, do hereby solemnly affirm and declare as under:-

 

  1. That I am the office manager of the petitioner forum and I am the person duly authorised to swear and depose this affidavit in the above noted application in the instant contempt petition. I am well conversant with the facts and circumstances of the case, hence am fully competent to swear this affidavit.

 

  1. That the instant Interim Application for exemption from filing certified / typed copies of annexed documents in the present Civil Contempt Petition under Section 12 of the Contempt of Court Act, 1972 read with Article 215 of the Constitution of India, for initiation of action against the Respondent for deliberate and willful disregard and willful non-compliance of the final order and judgment dated 19.09.2013 of this Hon’ble Court in writ petition (civil) no. 4982 of 2013, has been drafted under my instructions and the facts stated therein are true and correct to my knowledge.
  2. That I have read and understood the contents of this affidavit and the accompanying annexures thereto. The same have been read over and explained to me in vernacular and I fully understand the same. That the facts stated in Para     to and Annexure      and       , which are true and correct copies of their originals, of this affidavit are true to my knowledge, which I believe to be true and correct.

 

DEPONENT

VERIFICATION

I, the deponent above named do hereby verify that the contents of my above affidavit are true and correct to my knowledge.  No part thereof is false and nothing material has been concealed therefrom.

 

Verified on this ______ day of October, 2013 at New Delhi.

 

DEPONENT

 

 

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