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Union of India vs. Commonwealth Human Rights Initiative

Letters Patent Appeal · 2026:DHC:7963-DBDecided 17 Sept 2026New Delhi Bench
LPA 725/2026CNR: DLHC010435152026
Chief Justice Devendra Kumar Upadhyaya · Justice Tejas Karia

Background

An NGO's Foreign Contribution Regulation Act (FCRA) registration had been cancelled by the government. The NGO challenged this in a writ petition, and while that petition was pending, a Single Judge separately ordered the government to release Rs. 20,00,000 from the NGO's reserve fund for its operational expenses (subject to a Chartered Accountant certifying how the money was spent). The government appealed this interim order, arguing it wasn't given a proper chance to file a written objection before the order was passed.

Decision Breakdown

The Division Bench did not rule on who was right on the merits. Instead, since the interim order was passed without formal notice to the government on the specific application, and since a subsequent recall application had already been permitted to be withdrawn (with liberty to file a fresh one), the Bench simply directed the government to file a proper application to vacate the interim order before the Single Judge, who was asked to decide it expeditiously alongside the main writ petition (already listed for hearing). All rights and arguments of both sides were kept open.

Lesson Learnt

Interim orders passed without a full opportunity for both sides to be heard can be challenged procedurally without a court needing to decide the underlying dispute: appellate courts will often simply route the matter back for a fair hearing at the right level rather than deciding contested facts themselves.

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