India Solidale Italia Solidale vs Union Of India on 10 June, 2022

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Karnataka High Court

India Solidale Italia Solidale vs Union Of India on 10 June, 2022

Bench: G.Narendar

                             1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 10TH DAY OF JUNE, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE G.NARENDAR

          WRIT PETITION NO.11785/2021 (GM-RES)

BETWEEN:

INDIA SOLIDALE ITALIA SOLIDALE
SACRED HEART CONVENT
OLD MADRAS ROAD
VIRGONAGAR POST,
BANGALORE, KARNATAKA - 560049
PRESENTLY AT NO.47, 1ST CROSS,
7TH MAIN, M.V.GARDEN, HALASURU,
BANGALORE-560008
REP. BY IT'S SECRETARY
SRI. MANJUNATH B.M
                                          ... PETITIONER

(BY SRI PRINCE ISAC, ADV.)

AND:

1.     UNION OF INDIA
       THROUGH THE MINISTRY OF HOME AFFAIRS
       NORTH BLOCK, NEW DELHI - 110001

2.     UNION OF INDIA
       THROUGH THE MINISTRY OF LAW AND JUSTICE
       4TH FLOOR, A-WING, SHASTRI BHAWAN,
       NEW DELHI - 110001

3.     STATE BANK OF INDIA
       MAIN BRANCH, SANSAD MARG,
       NEW DELHI - 110001.
                                      ... RESPONDENTS
(BY ANUPAMA HEGDE, CGSC. FOR R1 & R2.)
                                 2


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
SECTION 7 OF THE FCRA AS ULTRA-VIRES OF ARTICLES 14,
19(1)(c), 19(1)(g) AND 21 OF THE CONSTITUTION IN SO FAR
AS IT PREVENTS THE TRANSFER OF FOREIGN CONTRIBUTION
FROM ONE FCRA REGISTERED PERSON TO ANOTHER FCRA
REGISTERED PERSON ETC.

     THIS WRIT PETITION COMING ON FOR "FURTHER
HEARING" THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

Heard the learned counsel for the petitioner Sri Prince Isac and the learned Central Government Counsel Smt. Anupama Hegde on behalf of the respondents.

2. The learned Central Government Counsel Smt. Anupama Hegde would submit that the issues raised in the writ petition regarding validity of Sections 7 and 17 of the Foreign Contribution (Regulation) Act, 2010 and relief sought to stay the public notice F.No.II/2022/23(35)/2019-FCRA-III dated 13.10.2020 (vide Annexure H) along with public notice No.II/21022/36(58)/2021-FCRA-III dated 18.05.2021 (vide Annexure H1) are no more res-integra, having been settled by the Hon'ble Apex Court in its judgment dated 3 8.4.2022. Thereby the Hon'ble Apex Court was pleased to uphold the validity of Sections 7, 12(1A), 12A and 17 of the 2010 Act and were held to be are intra vires the Constitution. Copy of the judgment rendered in W.P. (Civil) No.566/2021 is placed before this Court. In that view of the matter, the learned counsel for the petitioner fairly submits that the petition will not survive for consideration. Accordingly, the submission is placed on record. The petition stands rejected in the light of the judgment of the Apex Court rendered in W.P. (Civil) No.566/2021.

Sd/-

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