Kerala High Court
Kerala Catholic Bishops Council vs Government Of India on 20 October, 2021
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.13089/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Wednesday, the 20th day of October 2021 / 28th Aswina, 1943
WP(C) NO. 13089 OF 2021(I)
PETITIONERS:
1. KERALA CATHOLIC BISHOPS COUNCIL,PASTORAL ORIENTATION CENTRE
PALARIVATTOM, KOCHI-682025, INDIA, REPRESENTED BY FATHER JACOB G.
PALACKAPPILLY, DEPUTY SECRETARY GENERAL
2. THE KERALA CONFERENCE OF MAJOR SUPERIORS PASTORAL ORIENTATION CENTRE
PALARIVATTOM, KOCHI - 682025, INDIA, REPRESENTED BY FATHER SEBASTIAN
JACOB, PRESIDENT.
RESPONDENTS:
1. GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGN DIVISION
(FCRA WING), MAJOR DHYAN CHAND NATIONAL STADIUM,OUTER INDIA GATE,
NEW DELHI-110001,REPRESENTED BY DIRECTOR(FC & MU)
2. UNDER SECRETARY (MU) GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
FOREIGN DIVISION (FCRA WING), MAJOR DHYAN CHAND NATIONAL STADIUM,
OUTER INDIA GATE, NEW DELHI - 110 001.
3. THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME
AFFAIRS, FOREIGNERS DIVISION, FCRA WING, FIRST FLOOR, MAJOR DHYAN
CHAND NATIONAL STADIUM, NEW DELHI - 110 001.
4. THE DIRECTOR (FCRA) MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION,
FCRA WING, FIRST FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA
GATE CIRCLE, NEW DELHI - 110 001.
5. NITI AAYOG SANSAD MARG, SANSAD MARG AREA, NEW DELHI, DELHI - 110
001.
6. COMMISSIONER OF INCOME TAX (EXEMPTIONS) CENTRAL REVENUE BUILDING,
I.S.PRESS ROAD, KACHERIPADY, KOCHI - 682018.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
A.Stay the operation, implementation and all further proceedings
pursuant to Exhibits P18, P19 and P22;
B.Direct the respondents that in the event of the Darpan ID being
insisted upon then the Petitioners and their institutions be allowed to
register in the Darpan portal of the 5th respondent on the basis of
registration under Foreign Contribution (Regulation)Act 2010 and the
Feorign Contribution (Regulation) Rules, 2011 and section 12A/12AA of
Income Tax Act 1961, without any other/further condition for such
registration.
WP(C) No.13089/2021 2/5
C.Direct the Respondents by issue of a writ of mandamus or such
other appropriate writ, direction or order to extend the time stipulated
for filing annual return for the year 2019-20 including opending the bank
account with the State Bank of India New Delhi Main VBranch by a further
period of three months from 30th June 2021 to 30th September 2021 as may
be considered just and necessary by this Honourable Court.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S JOSEPH KODIANTHARA (SR.), V.ABRAHAM MARKOS, ABRAHAM JOSEPH MARKOS,
ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM, ALEXANDER JOSEPH MARKOS, SHARAD
JOSEPH KODANTHARA Advocates for the petitioners and of SMT.MINI GOPINATH,
CENTRAL GOVERNMENT PLEADER for respondents 1 to 5, the court passed the
following:
WP(C) No.13089/2021 3/5
BECHU KURIAN THOMAS, J.
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W.P.(C) No.13089 of 2021
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Dated this the 20th day of October, 2021
ORDER
This writ petition was filed on 29.06.2021 and time is being sought repeatedly for getting instructions. In fact, on 01.07.2021, this Court had directed the respondents to consider Ext.P20 and Ext.P21 representations of the petitioners. No response is placed before the Court on the compliance with the said direction.
2. Learned Senior Counsel Adv.Joseph Kodianthara submits that the DARPAN ID is not a mandate under any of the statutes.
According to him, it is only a creation in the Forms prescribed, which are produced as Ext.P17. Even in the Rules, there is no such requirement to obtain a DARPAN ID portal. If the aforesaid submission is correct, then the very requirement of obtaining DARPAN ID stands questionable.
3. However, since the learned ASGI has requested for a short time to obtain a response from the respondents, I deem it fit to WP(C) No.13089/2021 4/5 W.P.(C) No.13089/21 -:2:- adjourn the case to 8.11.2021.
Post on 8.11.2021 along with W.P.(C) No.1587 of 2021.
Sd/-
BECHU KURIAN THOMAS JUDGE vps 20-10-2021 /True Copy/ Assistant Registrar WP(C) No.13089/2021 5/5 APPENDIX OF WP(C) 13089/2021 Exhibit P17 TRUE COPY OF THE FOREIGN CONTRIBUTION (REGULATION) RULES OF 2011 DULY AMENDED UPTO 12TH JANUARY 2021. Exhibit P18 TRUE COPY OF THE PUBLIC NOTICE DATED 13TH OCTOBER 2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P19 TRUE COPY OF THE PUBLIC NOTICE DATED 23RD NOVEMBER 2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 11TH FEBRUARY 2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.
Exhibit P21 TRUE COPY OF THE REPRESENTATION DATED 19TH MAY 2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P22 TRUE COPY OF THE PUBLIC NOTICE DATED 18TH MAY 2021 ISSUED BY THE 3RD RESPONDENT.