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State Repression

The High Court of Delhi has quashed the Central Government order of suspending the account of INSAF

Dear friends

Greetings from Janadhikar Sangharsh Samiti

The High Court of Delhi has quashed the Central Government order of suspending the account of INSAF dated 30.04.2013 as the Central Government had neither issued any notice of hearing/show-cause notice in terms of sub-section (2) of Section 14 nor had it initiated any enquiry in terms of the section. The Court also noted that the order initiated by the Central Government showed its failureto record the reasons which necessitated suspension of the certificate in terms of sub-section (1) of Section 13 of the Act. The use of the word ‘may’ conceived as not mandatory requirement to furnish reasons is wholly misconceived noted the judge.

“In other words, the Central Government may or may not suspend the certificate of an organization, pending consideration of cancellation of the said certificate but, if the Government decides to suspend such certificate it can be done only for reasons to be recorded and such reasons, in my view, need to be incorporated in the suspension order itself so that the organization is in a position to know what were the reasons which impelled the Government to suspend its registration and in case the organization feels that certificate has been suspended for the reasons which are not envisaged under sub-section (1) of Section 13 or are not otherwise cogent, objective and transparent, it can challenge such suspension by way of appropriate proceedings. Such reasons cannot be given, by way of extraneous evidence at a later stage. In the absence of reasons, it would not be possible for the organization to challenge the suspension.”

This is definitely a small victory for the Janadhikar Sangharsh Samiti.

On behalf of Janadhikar Sangharsh Samiti

Ashok Choudhary, Anil Choudhary

About Intercultural Resources

Intercultural Resources is a forum for research and political intervention on issues related to the impacts and alternatives to destructive development. Our effort draws upon the social, cultural, material and intellectual resources that have been generated in the course of dialogues between people of different cultures on questions of social justice, development and self-rule. We are of the view that dialogue can sustain plurality and open possibilities for recovery of the ground lost on account of inter-cultural alienation, which is manifest in a variety of forms of violence that we encounter everyday at different levels of social life. Intercultural Resources is based in Delhi, India. Email: ihpindia@gmail.com

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