Madras HC grants Greenpeace interim stay over FCRA cancellation

A case challenging MHA’s decision to cancel Greenpeace’s FCRA registration was heard on Wednesday at the Madras High Court. 

 

Justice M. M. Sunderesh granted an interim stay for eight weeks of the cancellation of Greenpeace’s FCRA registration, and directed the organisation’s advocate to serve notice to the MHA. 

 

“We are confident that we have a strong legal case to demonstrate that the MHA is acting without any justification. This is the fourth time we have had to seek legal recourse and the fourth time that we’ve had to legally challenge decisions of MHA. The Delhi High Court previously upheld our right to raise questions about government policies. Today, the Madras High Court’s decision to admit our case further reinforces our faith in the judiciary’s commitment to uphold the vibrant democratic tradition of India,” said Vinuta Gopal, co-Executive Director of Greenpeace India.

 

Greenpeace also informed the Madras High Court of its intention to withdraw its ongoing case in the Delhi High Court against the temporary suspension of its FCRA, as that case was now rendered infructuous, since the MHA’s cancellation order under section 14 of the FCRA replaces the earlier suspension order issued under section 13 (2).

 

Commenting on the allegations made in the notice issued by the MHA dated 2nd September, Gopal said, “The MHA has made several dictatorial attempts to silence Greenpeace, but we have clear, well-articulated responses to each of the absurd allegations made against us and are ready to repeat these yet again. The MHA has interpreted the FCRA law arbitrarily to build an imaginary case against us, while accusing us of acting against national interest." 

 

“This is a matter of principle for us; almost 70% of our income comes from our Indian supporters. But we believe the MHA cannot be allowed to get away with the smear campaign and baseless allegations they have made. We don’t believe the Ministry of Home Affairs – and by extension the government - should have unlimited powers to suppress dissent based on its own perception of what constitutes national interest,” he said.

 

“How can our campaigns on clean air, clean water, and clean electricity be considered against the national interest of our country? We are, in effect, asking the Courts to uphold our right to continue campaigning for an even better India,” concluded Gopal.