Gauhati High Court
Page No.# 1/5 vs The Union Of India And 4 Ors on 5 April, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
Page No.# 1/5
GAHC010064092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/861/2021 in WP(C) 1866/2021
NORTH EAST DIOCESAN SOCIAL SERVICE SOCIETY AND 2 ORS.
REP. BY ITS DIRECTOR, SHRI VARGHESE VELICKAKAM, AGE- 58 YEARS,
S/O (L) OUSEPH MATHEW, NORTH EAST DIOCESAN SOCIAL SERVICE
SOCIETY, R/O- H.NO. 55 P.S. LATASIL, P.O. KHARGHULI, GHY-04, KAMRUP
(M), ASSAM
2: MAYA MUCHAHARY
S/O- SHRI BUDHINATH MUCHAHARY R/O- GUWAHATI GANA SEVA
SOCIETY ARCHBISHOPS HOUSE
PB-100
GNB ROAD
AMBARI
GHY-01
ASSAM
3: NOBIN BORA
S/O- SHRI (L) RUPAI BORA
R/O- JOYPUR H.NO.15
P.S.- LATASIL
P.O. KHARGHULI
GHY-4
DIST.- KAMRUP (M)
ASSA
VERSUS
THE UNION OF INDIA AND 4 ORS.
REP. BY HOME SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001
2:THE DIRECTOR (FCRA) WING
GOVT. OF INDIA
MINISTRY OF HOME AFFAIRS
FOREIGNER DIVISION FCRA WINGS FIRST FLOOR MAJOR DHYAN
CHAND NATIONAL STADIUM INDIA GATE CIRCLE
Page No.# 2/5
NEW DELHI- 110001
3:THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF LAW AND JUSTICE (LEGISLATIVE DEPTT.) NEW DELHI-
110001
4:THE RESERVE BANK OF INDIA
6
SANSAD MARG
SANSAD MARG AREA
NEW DELHI-110001
5:THE STATE BANK OF INDIA (SBI)
NEW DELHI
MAIN BRANCH
(NDMB)
11
SANSAD MARG
NEW DELHI- 11000
Advocate for the Petitioner : MR. H L SHANGEEISHO
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
05.04.2021 [N. Kotiswar Singh, J.] Heard Mr. H.L. Shanngreiso, learned counsel for the applicants. Also heard Mr. S.S. Sharma, learned Senior counsel assisted by Mr. H. Buragohain, appearing for the respondent SBI and Mr. U.K. Goswami, learned counsel appearing for respondent Nos.1--3. None appears for the respondent No.4, perhaps for the reason that notice is yet to be served in the main writ petition.
2. The present application has been filed seeking the following reliefs:-
Page No.# 3/5 (1) To direct the respondents not to deactivate the existing account numbers of the applicant No.1 and its bonafide 804 registered members operating in the schedule banks as notified by the Reserve Bank of India after 31 st March, 2021 until the FCRA Account is properly open by the respondent No.5, (2) To direct the respondents to extent further reasonable time after 31st March, 2021 for opening the FCRA Account at New Delhi Main Branch (NDMB) of the State Bank of India (SBI), 11, Sansad Marg, New Delhi-110001, (3) To direct the respondent No.5 and any accepting branch of ACF not to insist/compel any functionaries of the applicant No.1 and its 804 members who do not have Aadhaar number to produce the same at the time either submission of AOF and opening of designated FCRA Account.
3. It has been submitted by the learned counsel for the applicants that the applicants have already applied for opening of an FCRA account in the State Bank of India, New Delhi Main Branch, Sansad Marg, New Delhi-110001 on 09.03.2021 (Annexure-P/3 colly) by submitting the required documents. According to the learned counsel for the applicants, as there was no response from the bank authority, a reminder was sent on 23.03.2021 stating that the application has been made as directed by this Court in WP(C) No.1866/2021 on 19.03.2021 and also as required under the Foreign Contribution (Regulation) Amendment Act, 2020.
4. As regards this submission made, Mr. S.S. Sharma, learned Senior counsel appearing for the respondent SBI submits that as per instruction received, the application of the applicants is being considered and is likely to take about 20 more days from today to fructify Page No.# 4/5 and as such he will able to apprise this Court as to the status of the application of the applicants thereafter.
5. In that view of the submission made by the learned Senior counsel for the SBI, no further order is required to be made to the SBI at this stage.
6. As regards the prayer of the applicants not to deactivate the existing accounts of the applicant No.1 and each of the bonafide 804 registered members operating in the schedule bank, learned Senior counsel for the respondent SBI submits that the question of deactivating the existing accounts of the applicant No.1 and its registered members does not arise, as they can continue to operate their accounts but there is only a restriction to receive any foreign contribution in those accounts.
7. In that view of the matter, we are also of the opinion that no order requires to be passed at this stage as the applicants can continue to operate their existing accounts except for the purpose of receiving any foreign contribution.
8. As regards the 3rd prayer not to compel any of the functionaries of applicant No.1 and its 804 members who do not have Aadhaar numbers to produce the Aadhaar details at the time of Account Opening Form (AOF) and operating of a designated FCRA account, learned counsel for the applicants has referred to the decision of the Hon'ble Supreme Court in K.S. Puttaswamy (Aadhaar-5J.) Vs. Union of India & Anr. 1 and referring to paragraphs 488, 490, 494, 517.2 thereof submits that the Hon'ble Supreme Court has held that the move to mandatorily link Aadhaar to a bank account does not satisfy the test of proportionality. The said observation was, of course, made in the context of Rule 9 of the Prevention of Money- 1 (2019) 1 SCC 1 Page No.# 5/5 Laundering (Maintenance of Records) Rules, 2005 and the notifications issued thereunder. If the same is not permissible under the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005, the SBI may explain before this Court as to why the same principle shall not be applied in respect of opening/maintenance of account in the SBI by the next date.
List accordingly on 30.04.2021 for passing appropriate orders.
Sd/- Soumitra Saikia Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant