Supreme Court To Hear Plea Challenging FCRA Registration Cancellations On November 21

The Supreme Court on Friday adjourned a petition challenging the decision of the Ministry of Home Affairs cancelling/refusing to renew the registration under the Foreign Contribution (Regulation) Act, 2010 of close to 6,000 non-governmental organisations to November 21.

Before a Bench of Justices KM Joseph and Hrishikesh Roy, Senior Advocate Sanjay Hegde argued that most of the issues were covered by Noel Harper judgement which upheld the FCRA Amendment Act. He then requested the Court to dispose of the petition granting him liberty to make a representation to the government for ancillary issues which arose after FCRA amendment Act.

On April 8, this year, Justices AM Khanwilkar, Abhay S Oka, CT Ravikumar upheld the provisions of the Foreign Contributions (Regulation) Amendment Act, 2020, which places restrictions on ability of NGOs to raise and use foreign funds.

Even Additional Solicitor General Aishwarya Bhati appearing for Central Government was of the view that the petition need not remain pending as the issues raised have already been addressed by the Court.

The Bench, however, declined the request stating that they would have to go through the Noel Harper Judgement to see whether the issues actually have been covered or not. Shortly after, the matter was adjourned.

The petitioner NGO Global Peace Initiative seeks to strike down a Public Notice dated December 31, 2021 to the extent that it does not permit organizations whose applications for renewal of registration have been rejected, to not accept or utilize the foreign funds received.

The petition argued that the work done by these NGOs have helped millions of Indians and the sudden and arbitrary cancellation of FCRA registration of thousands of these NGOs violates the rights of the organizations, their workers as well as the millions of Indians who they serve.

Further, the role of NGOs in helping combat the pandemic has been acknowledged by the Central Government, the Niti Aayog and the Prime Minister's office itself. Therefore, a cancellation of the licenses of over 6000 NGOs would hamper relief efforts and lead to denial of aid to citizens in need.

This apart, the petition seeks to direct the Central Government to exercise its powers under Section 50 of the Foreign Contribution (Regulation) Act, 2010 and exempt all Non-Government Organizations from the operation of the Act, till such time as Covid-19 continues to be a 'notified disaster' under the Disaster Management Act.

Case Title: Global Peace Initiative & Anr vs Union of India & Ors | Writ Petition(s)(Civil) No(s). 21/2022

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