Mere Unwanted Staring At A Woman's Chest In Office Does Not Constitute Voyeurism Under Section 354-C IPC: Bombay High Court State Cannot Justify Espionage FIR Based Solely On Custodial Disclosure Without Corroborative Evidence: Punjab & Haryana High Court Grants Bail Mere Issuance Of Letter Of Intent Without Formal Work Order Does Not Create Concluded Contract Or Arbitration Agreement: Supreme Court Executing Court Cannot Modify Terms Of Compromise Decree Merely Because Implementation Is Impracticable: Supreme Court Adjudicating Authority Only Needs To Check For 'Plausible' Pre-Existing Dispute Under Section 9 IBC, Not Its Success On Merits: Supreme Court Arguing Against Settled Law To Show Skill Wastes Court Time; Giving Up Such Arguments A Professional Virtue: Supreme Court Limitation Under Section 468 CrPC Is Computed From Date Of Filing Complaint, Not Date Of Cognizance: Supreme Court MSCS Act | Co-operative Society Can't Acquire Corporate Debtor Under IBC If Not In 'Same Line Of Business' As Per Its Bye-Laws: Supreme Court Multi-State Co-op Societies Can Only Invest In Entities With Substantially Similar Core Business Under Bye-Laws: Supreme Court High Court Cannot Usurp Governor's Statutory Discretion To Grant Extraordinary Pension Under 1981 Rules: Supreme Court Litigants Can Challenge Non-Appealable Interlocutory Orders In Final Appeal Under Section 105 CPC: Supreme Court Plaintiff Cannot File Fresh Suit For Title If Relief Was Omitted In Earlier Injunction Suit Arising From Same Dispute: Supreme Court Plaintiff's Failure To Enter Witness Box Draws Rebuttable Presumption, Not Fatal To Suit If Rebutted By Cogent Evidence: Supreme Court Sale Deeds Executed During Pendency Of Specific Performance Suit Hit By Doctrine Of Lis Pendens: Supreme Court EWS Certificates Must Relate To Correct Financial Year; Courts Should Not Routinely Interfere In Online Recruitment Rejections: Supreme Court Court Can Lift 'Veil Of Partnership' To Evict Tenants Using Reconstitution As Cloak For Unlawful Sub-Letting: Supreme Court State Cannot Fix Lower Dearness Relief Rate For Pensioners Than Dearness Allowance For Serving Employees: Supreme Court Prolonged Separation Indicates Matrimonial Bond Broken Beyond Repair: Supreme Court Upholds Divorce Over Wife's Cruelty Right To Contest Elections Distinct From Right To Vote, Co-Operative Societies Can Set Threshold Eligibility Conditions: Supreme Court Court Can Draw Adverse Inference Against Party Withholding Best Evidence, Has No Duty To Seek Production: Supreme Court Limitation | Delay Condonation Cannot Be An Act Of Generosity: Supreme Court Refuses To Condone 31-Year Delay To Challenge Decree Sentence Suspension In Murder Cases Only Under Exceptional Circumstances; Presumption Of Innocence Erased Upon Conviction: Supreme Court

Interim Order Made Absolute for Operational Expenses – Supreme Court Stresses on Proper Accounting and Periodic Auditing for Smooth Functioning of Institutions”

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India has focused on the utilization of frozen accounts by petitioners for salary and institutional expenses under certain conditions. This decision, outlined in the judgement of the case “Operation Mobilization India & Ors. Vs. State of Telangana & Ors.”, addresses issues related to the freezing of accounts under the Foreign Contribution (Regulation) Act, 2010.

The case originated from FIR No. 22 of 2016, which led to the freezing of the petitioners’ accounts by the CID Telangana State in November 2020. This action prompted the petitioners to approach the High Court, which upheld the account freeze, resulting in the current appeal to the Supreme Court. The issue at hand was the need for operational funds for educational and health institutions managed by the petitioners, amidst ongoing investigations under the FCRA.

Investigation Validity: The Court recognized the legitimacy of the investigation but expressed the necessity to balance it with the operational needs of the petitioners’ institutions.

Interim Relief Rationale: The Court, on April 7, 2021, provided interim relief allowing the use of frozen accounts for salary and institutional expenses, emphasizing the importance of maintaining comprehensive accounts.

Ongoing Investigations and Trials: The Court clarified that the ongoing investigations and trials in various courts should continue as per law, without any interference or observations on the merits of the case from the Supreme Court.

Contempt Petition: The Court chose not to delve into the contempt petition, leaving it to the discretion of the investigating agency or the Trial Court.

Requirement for Auditing: A key aspect of the judgement was the emphasis on proper auditing by a Chartered Accountant, with quarterly statements to be provided to the Investigating Officer or the Trial Court.

Interim Order Absolution: Ultimately, the Court made its interim order absolute, thereby allowing the petitioners to continue using the accounts for the defined purposes under strict financial scrutiny.

Decision: The petitions were disposed of with the Court making the interim order dated April 7, 2021, absolute. This allows the petitioners to use their frozen accounts for operational expenses, under the condition of strict financial discipline and auditing. The Court clarified that this order is solely for the smooth functioning of the educational and health institutions run by the petitioners and has not made any observation on the merits of the allegations.

Date of Decision: April 5, 2024

Operation Mobilization India & Ors. Vs. State of Telangana & Ors.

Latest Legal News