HC: No stay on Amnesty’s proceedings
The Delhi high court on Friday refused to stay the proceedings against Amnesty International with regard to confirming the provisional attachment order (PAO) in connection with an alleged Foreign Contribution Regulation Act (FCRA) violation. The human rights organisation approached the court on Thursday, against continuation of the freeze on its bank accounts and properties.
Justice Rekha Palli, however, said any final order passed in the matter by the adjudicating authority under Prevention of Money Laundering Act (PMLA) will not be implemented without leave of the court.
The Enforcement Directorate (ED) is investigating a money laundering case, registered on the basis of a Central Bureau of Investigation (CBI) FIR against Amnesty International India Private Limited (AIIPL), Indians for Amnesty International Trust (IAIT), Amnesty International India Foundation Trust (AIIFT) and Amnesty International South Asia Foundation (AISAF). The FIR was
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filed under various sections of the Foreign Contribution Regulation Act (FCRA) and section 120 B of the Indian Penal Code, which denotes criminal conspiracy.
The court on Friday also issued notice to the ED and sought its stand on the NGO’S plea. Amnesty has argued that the provisional attachment order (PAO) issued on November 26 last year was valid for only 180 days and it expired on May 25. The human rights organisation said the order has lapsed since it was not confirmed by the adjudicating authority set up under the PMLA.
Under the PMLA, a PAO has to be confirmed within 180 days by the adjudicating authority.
Centre’s counsel Amit Mahajan, appearing for the ED, opposed the petition and said that the division bench has stayed a ruling of the single judge in connection with 180 days deadline for a PAO.
In its petition, Amnesty International said that despite the matter being concluded on May 25 after detailed arguments by them, they received notice/ direction from the adjudicating authority fixing a fresh date of hearing on May 28.
The matter will now be heard on September 28.