Karnataka HC quashes ED's order freezing bank accounts of Amnesty International
Bengaluru, Mar 23: The Karnataka High Court has quashed a 2018 Enforcement Directorate order of freezing the bank accounts of Amnesty International India Private Limited.
The petition filed by Amnesty International in 2018 was allowed and the notices quashed, the single-judge bench of Justice K S Hemalekha said in its February 24 order. The copy of the judgment was made available recently.
In the judgment, the court said: "On perusal of the provisions of Section 132(8A) of the Act, it is evident that order under Sub-Section (3) of Section 132 of the Income Tax Act would not be in force beyond sixty days from the date of the order. In light of the provisions of Section 132(8A), the impugned notices dated 25.10.2018 have lost their efficacy by efflux of time as the period of sixty days has expired."
The court, however, said all the contentions are left open to be urged before the appropriate authority in accordance with law.
Calling itself a company "engaged in the business of rendering, research (primary and secondary) and consultancy services regarding human rights", Amnesty claimed in the petition before the High Court that on October 25, 2018, without any notice to it, a search and seizure was conducted on its premises. Several documents, agreements and mobile phones were scrutinised and confiscated.
Following this, the bank accounts of Amnesty in HDFC Bank and Kotak Mahindra Bank were frozen by a Government Order without any notice to it. This was challenged in the petition before the High Court.
The advocate for Amnesty pointed to the Greenpeace India Society vs Union of India case in which a similar issue was decided. The High Court accepted this contention.
In the Greenpeace case, the NGO sought to quash the order blocking its financial assets which had been frozen by an order of the Ministry of Home Affairs following a bank transfer from another NGO located in Netherlands. The High Court held that the Ministry's arguments were not satisfactory enough to freeze the financial assets of Greenpeace and ordered that the bank allow the NGO to have access to its accounts.
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Punishment for those disrupting assembly proceedings, warns Speaker UT Khader
Belagavi: Speaker U.T. Khader on Friday warned that members who disrupt Assembly proceedings by talking in their seats during debates will be made to sit in the House for an entire day as a disciplinary measure.
The warning came after the Question Hour, when Deputy Leader of the Opposition Arvind Bellad was permitted to initiate a discussion on the development of North Karnataka.
At this point, expelled BJP MLA Basanagouda Patil Yatnal objected, stating that he had been seeking a debate for the past three days but had not been given an opportunity.
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Responding to the objection, Speaker Khader said Bellad had already been granted permission and assured Yatnal that he would be allowed to speak at the next opportunity. He noted that even as a serious discussion was underway, several MLAs were speaking among themselves with their microphones on, disrupting the proceedings.
Expressing displeasure over the conduct of members, Khader likened the situation to football, where players receive red, yellow, or white cards for violations. Similarly, he said, the Assembly issues warning cards to members who disturb the House. If they fail to correct themselves despite repeated warnings, they would be required to remain seated in the Assembly hall for a full day as punishment, he stated.
