Justice Rajiv Shakdher also allowed the NGO to liquidate its fixed deposits, saying these and fresh donations be used for its aims and objectives and in accordance with law.
The court said the source of the fixed deposits could be determined by the government in the course of its probe and directed it to decide within eight weeks the NGO's application under Rule 14 of Foreign Contribution (Regulation) Rules which says that 25 per cent of the unutilised amount in the Foreign Contribution Regulations Act account can be used with government approval.
The government had cancelled Greenpeace's registration under FCRA on grounds of allegedly violating the norms by opening five accounts to use foreign donations without informing concerned authorities.
The ministry of home affairs also told the court that the NGO had violated FCRA by merging its foreign donations with domestic contributions.
The court also pulled up the banks with whom Greenpeace had domestic accounts for denying access to it despite an earlier high court order allowing them to use the accounts.
It asked the banks to explain why its order of January this year was violated. “Do you go by orders of the court or that of the government,” it asked and added “you have to follow the court's judgement.”
On Tuesday, the MHA had defended the cancellation of FCRA registration of Greenpeace and said the NGO has already applied for seeking benefits under rule 14 which has not been disclosed to the court. It had also claimed that the NGO was not using the donations for the purpose they were received.
Greenpeace had told the court that due to freeze on its domestic accounts, it has lost donations to the extent of Rs 1.25 crore only this month which were made by its Indian contributors.
It had also claimed that if the court does not intervene, then it would lose the same amount of domestic donations in June as well.
Greenpeace India welcomed the HC order allowing the organisation to use two of its accounts for receiving donations, terming the relief a “lifeline” as it decided to “restart” its pro-environment campaigns.
“We are enormously relieved that the court has given us this lifeline. We are now able to continue our campaigns on air pollution and solar power immediately, while we prepare to fight the main case,” said Samit Aich, executive director, Greenpeace India.
“We hope that the MHA will respect the judge’s decision and not take any further arbitrary actions between now and then,” he said.
He also hoped that this can mark a fresh start in the NGO’s relationship with the home minister. “I am ready to meet him (Home Minister) to discuss how Greenpeace can play a role in India’s sustainable development in the years to come,” Aich said.
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