The Delhi High Court has instructed the Central government to submit an application to a single judge regarding the withdrawal of ₹20 lakh by the Commonwealth Human Rights Initiative (CHRI) from its reserve funds. This decision follows a Division Bench ruling by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, which addressed the government’s appeal against a previous order dated May 19, 2026. The court has urged the single judge to expedite proceedings in this matter.
Instructions to Expedite Proceedings
In its directive, the Division Bench requested that the single judge prioritize the writ petition and any applications filed by the Central government. “We thus request the single judge to expedite the proceedings of the writ petition, and the application to be moved by the appellant [Central government] under this order and to decide the same as early as possible,” the court stated. The Bench also noted that all issues, including the maintainability of the application, remain open for consideration.
Background of the Case
The single judge is currently reviewing CHRI’s challenge to the Ministry of Home Affairs’ decision to revoke its Foreign Contribution Regulation Act (FCRA) registration in September 2024. The order permitting CHRI to withdraw ₹20 lakh was issued during this ongoing plea after CHRI filed a related application.
Government’s Position
Representing the Central government, Additional Solicitor General (ASG) Chetan Sharma argued before the Division Bench that the order to release funds was made without notifying the government. Sharma highlighted that the government was not given a chance to submit objections or respond in writing, although oral arguments were entertained.
Response from CHRI
Senior Advocate Chander Uday Singh, representing CHRI, informed the Bench that after the May 19 order, the government had initially filed an application to recall it. However, the application was withdrawn with the option to file another one seeking suitable relief, such as vacating the order.
Division Bench’s Observations
After evaluating the case, the Division Bench decided not to delve into the merits of the single judge’s order, acknowledging it as an interim one. The Bench allowed the government to pursue the vacation of the order. “In view of the aforesaid, we dispose of this appeal with liberty to the appellant to move an application to vacate the order…The said application shall be made within a week. Reply/response, if any, may be filed by the respondent within a week thereafter,” the court concluded.
