2013 (1) TMI 776 - HC - FEMA

Court orders status report on writ petition, finds no evidence of fund misuse in political activity.

MANOHAR LAL SHARMA Versus UNION OF INDIA AND ORS

MANOHAR LAL SHARMA Versus UNION OF INDIA AND ORS - TMI Issues involved: Disposal of writ petition, examination of prayer, status report submission, irregularities found, criminal investigation necessity, use of fund in political activity, closure of the matter.Disposal of writ petition: The writ petition was disposed of by directing the examination of the prayer made in the petition by respondent No. 1, with a suitable decision to be taken thereafter. A subsequent direction was sought to call the Status Report from the respondent, which was filed in compliance with the court's order. The petitioner, an Advocate, failed to appear on multiple occasions despite adjournments, leading to the court deeming it inappropriate to further adjourn the matter.Status Report and Irregularities: The Status Report filed by the respondent revealed that only a few irregularities were found, which were not deemed serious enough at that stage to warrant a criminal investigation. It was noted that no documentary proof in the record of the Association was found to indicate the use of the fund in any political activity or movement. Given that the writ petition had already been disposed of and a Status Report had been submitted, the court found no reason to keep the matter pending.Closure of the Matter: After perusing the Status Report and considering the lack of serious irregularities warranting criminal investigation, the court decided to close the matter, concluding that there was no justification for further prolonging the case.