Kamal Ghorui
Hyderabad: Telangana high court has dismissed an appeal filed by Operation Mobilization (OM) India Trust against an interim order that restrained the organisation from alienating its movable and immovable properties.A division bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, dismissed the appeal on the grounds of maintainability, ruling that the matter fell within criminal jurisdiction, which precluded an appeal under Clause 15 of the Letters Patent.The case arose from a petition filed by Gowripaga Albert Lael, who sought a mandamus to entrust a probe into alleged violations of the Foreign Contribution (Regulation) Act (FCRA) and the Prevention of Corruption Act by OM India Group of Charities to Central Bureau of Investigation (CBI).On April 8, a single judge issued an interim stay on the sale or transfer of the Trust’s assets, including schools and charitable buildings, to protect the public charity’s corpus pending investigation.Challenging the single judge’s interim direction, the NGO argued that the interim freeze was contrary to a prior Supreme Court order, which it said dealt only with the freezing of bank accounts and did not restrain the disposal of immovable properties.Counsel for the Trust contended that the petitioner misled the court, claiming the Trust acted in defiance of the apex court. The appellant also maintained that the stay on property sales was unconnected to the main prayer for a CBI probe and was final in nature, making the appeal maintainable under the Letters Patent jurisdiction.Opposing the appeal, authorities and the petitioner argued that the dispute stemmed from a 2016 FIR involving serious financial irregularities. They contended that since the subject matter related to a criminal investigation, a bench appeal was not legally permissible.Recording the submissions from both sides, the division bench noted that the writ petition sought a CBI investigation into offences under IPC and FCRA, placing the proceedings within criminal jurisdiction.The bench held that in such matters, interim orders passed under Article 226 were not amenable to appellate jurisdiction, and upheld the interim restraint on the Trust’s properties for the time being.
