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

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