The Supreme Court, in a recent order, declined to entertain a plea by Amnesty International India challenging the provisional attachment of the bank accounts of its affiliate by the Enforcement Directorate (ED). A bench concisting of Chief Justice of India UU Lalit and Justice Bela M Trivedi refused to interfere provisional order of adjudicating authority under the Prevention of Monday Laundering Act attaching three bank accounts of ‘Indians for Amnesty International Trust’ worth ₹1.54 crore.
The Court, however, clarified that the dismissal of the plea is not a reflection on the merits and demerits of the case.
Thus, the trust can now challenge the May 13, 2022, attachment order before the adjudicating authority under PMLA.
“We see no reason to entertain this Special Leave Petition which is accordingly dismissed. We, however, reserve the rights of the petitioner to challenge the aforestated order dated October 7, 2022 in accordance with law and dismissal of this Special Leave Petition shall not be taken to be a reflection on merits or demerits of rival contentions,” the Court said.
The Amnesty International trust had moved the top court against a judgment by a two-judge bench of Karnataka High Court that had refused to interfere with the ED’s provisional attachment order.
The case of the ED is based on a first information report (FIR) registered against the accused entities for allegedly receiving foreign contributions illegally. In September 2020, Amnesty India had said it was forced to shut its operations as the Indian government had frozen its bank accounts.
The group had said its “lawful fundraising model” was being portrayed as money laundering because Amnesty India had challenged the “government’s grave inactions and excesses”.
The Central government had described the allegations as unfortunate, exaggerated and “far from the truth”.
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