Delhi High Court - Orders
Commonwealth Human Rights Initiative vs Union Of India on 19 July, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6400/2021 & CM APPL. 20091/2021 (interim directions)
COMMONWEALTH HUMAN RIGHTS INITIATIVE..... Petitioner
Through Mr.Arvind P Datar & Mr. Chander
Uday Singh, Sr. Advs. with Mr.Kabir
Dixit Adv.
versus
UNION OF INDIA ..... Respondent
Through Mr.Anil Soni, CGSC with Mr.Sahaj
Garg, GP.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 19.07.2021
1. This petition was filed assailing the suspension order dated 07.06.2021 passed by the respondent under Section 13 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as the 'FCRA') which, pending cancellation of the petitioner's registration certificate under Section 14(d) of the FCRA, suspended the said registration for a period of 180 days.
2. When the matter was taken up for the first time on 12.07.2021, this Court had granted time to Mr. Soni, learned senior standing counsel for the respondent, to obtain instructions as to whether, keeping in view the impugned order dated 07.06.2021 and Section 13(2) of the FCRA, the respondent was willing to permit the petitioner to (i) utilise Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:20.07.2021 15:13:22 25% of the foreign contribution amount in its custody to meet its current operational expenses, and to (ii) continue receiving donation from foreign donors.
3. Today, Mr Soni submits that the respondent has 180 days under the FCRA to render a decision to the response sent by the petitioner to the impugned suspension order on 26.06.2021. He, therefore, submits that the petitioner's interim prayers, under Section 13(2) of the FCRA, for permission to utilise the foreign contribution in its custody and to continue receiving foreign donations will be decided by the respondent within the aforesaid period of 180 days.
4. A bare perusal of the FCRA shows that there is no merit in this submission of the respondent. Evidently, the period of 180 days mentioned in Section 13 of the FCRA is set aside only to enable the respondent to take a decision as to whether the registration certificate issued to a person under Section 12(3) of the FCRA, and suspended under Section 13 thereof, should continue to remain suspended/or be cancelled under the terms of the FCRA.
5. Given the stance taken by the respondent, the learned senior counsel for the petitioner, Mr.Datar, has proceeded to make his submissions on merits. Firstly, he submits that the impugned suspension order is wholly illegal and contrary to the scheme of the FCRA. By placing reliance on a decision of a Coordinate Bench of this Court in Indian Social Action Forum (INSAF) Vs. Union of India W.P.(C) 4982/2013, he submits that suspension orders, such as the one impugned herein, can only be passed in case the Government has made the requisite enquiry as it may deem appropriate, into the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:20.07.2021 15:13:22 question as to whether cancellation of the registration certificate is necessary in public interest. He submits that in the present case, however, the suspension order has been passed under Section 13 of the FCRA without initiating any such inquiries. Mr Datar, therefore, prays that the impugned suspension order is liable to be set aside on this ground alone.
6. Issue notice. Mr.Anil Soli accepts notice. He prays for and is granted four weeks' time to file a counter affidavit/reply. Rejoinder thereto, if any, be filed within four weeks thereafter.
7. At this stage, Mr. Soni prays for some time to obtain further instructions from the respondent, in the light of the observations made by the Court today as regards the interim reliefs sought by the petitioner.
8. At request, list on 26.07.2021.
REKHA PALLI, J JULY 19, 2021 kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:20.07.2021 15:13:22