Karnataka High Court
Centre Of Study Of Culture And Society vs Union Of India on 8 October, 2025
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NC: 2025:KHC:39615
WP No. 10586 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.10586 OF 2021 (GM-RES)
BETWEEN:
1. CENTRE OF STUDY OF CULTURE AND SOCIETY
REPRESENTED BY ASHISH
RAJADHYAKASHA HAVING ITS OFFICE AT
A302, ADARSH GARDENS,
SANGAM CIRCLE
JAYANAGAR 8TH BLOCK,
BENGALURU - 560082.
...PETITIONER
(BY SMT. URMILA PULLAT, ADVOCATE FOR
SRI. JAGADEESHA B.N., ADVOCATE)
Digitally signed by
SHARMA ANAND
CHAYA AND:
Location: HIGH
COURT OF
KARNATAKA
1. UNION OF INDIA
THROUGH MINISTRY OF HOME AFFAIRS
REPRESENTED BY ITS SECRETARY
HAVING ITS OFFICE AT JAI SINGH MARG
HANUMAN ROAD AREA
CONNAUGHT PLACE
NEW DELHI, DELHI 110001.
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NC: 2025:KHC:39615
WP No. 10586 of 2021
HC-KAR
2. ICICI BANK
JAYANAGAR BRANCH
REPRESENTED BY ITS BRANCH MANAGER
HAVING ITS OFFICE AT
ELEPHANT ROCK ROAD,
NO.807, JAYANAGAR EAST
BENGALURU 560011.
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1;
SRI. JAI M. PATIL, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENT NO.1 TO ALLOW THE PETITIONER TO
CANCEL THEIR CERTIFICATE VIDE NO.II/21022/69(137)/2000-
FCRA-III, DATED 31.07.2001 AT ANNEXURE-A UNDER THE
FOREIGN CONTRIBUTION REGULATION ACT, 2010 WITHOUT
ANY ADVERSE REPERCUSSIONS AS STIPULATION IN THE SAID
ACT; DIRECT THEM TO ISSUE NECESSARY ORDER / NOTICE /
CIRCULAR TO THE CONCERNED BANK OF THE PETITIONER,
i.e., RESPONDENT NO.2 TO CLOSE THE SAID BANK ACCOUNT
NO.005301002275 OF THE PETITIONER (ANNEXURE-A).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2025:KHC:39615
WP No. 10586 of 2021
HC-KAR
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioner has sought for a direction to the respondent No.1 to cancel the Certificate(Annexure-A), issued to the petitioner under the Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as 'the Act') and for a further direction to the respondent No.1 to issue necessary order to respondent No.2 - Bank, to close the bank account of the petitioner as mentioned in the Certificate(Annexure-A).
2. Heard learned counsel appearing for the parties.
3. Smt. Urmila Pullat, learned counsel appearing for the petitioner contended that, the petitioner - Institution was availing foreign contribution as per the provisions contained under the Act. It is argued that, the petitioner had obtained the FCRA Certificate on 31.07.2001 / 01.08.2001 (Annexure-A). It is also argued by the learned counsel appearing for the petitioner that the Certificate issued as per Annexure-A was periodically extended till 2016 and thereafter, the petitioner - -4-
NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR Institution has not availed the foreign contribution and accordingly, the petitioner has not made application seeking renewal of the Certificate as required under Rule 12 of the Foreign Contribution (Regulation) Rules, 2011 (hereinafter, referred to as 'the Rules').
4. It is also argued by the learned counsel appearing for the petitioner that respondent No.1 has caused notice to various Associations including the petitioner, that the FCRA Certificate obtained by the petitioner has ceased with effect from 01.11.2016 as per Rule 12(6) of the Rules. Emphasising on these aspects, learned counsel appearing for the petitioner submitted that since the petitioner did not receive any foreign fund during the financial year 2016-17 and 2017-18 and also the petitioner did not intend to renew their Certificate as required under the Act and Rules referred to above and therefore, it is submitted by the learned counsel appearing for the petitioner that the inclusion of the name of the petitioner in the notice by the respondent was not necessitated and the petitioner was authorised to get the Certificate renewed by the respondent No.1, under the Act. It is further argued by the learned counsel appearing for the petitioner by referring to the -5- NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR orders of this Court dated 24.07.2024 and 12.09.2024, that the petitioner has made an application through electronic form as per Rule 15(a) of the Rules and also filed the hard copy of the Form as stated in FC-7 with the respondent No.1 including the return filed by the petitioner - Institution has not been considered by the respondent and accordingly, the petitioner has sought for a direction to respondent No.1 to consider the representation / e-mail dated 16.09.2018(Annexure-E) filed by the petitioner with regard to consideration of FC-6 returns filed by the petitioner with respondent No.1.
5. Per contra, Sri. Shanthi Bhushan H., learned Deputy Solicitor General of India, appearing for the respondent No.1, invited the attention of the Court to Section 12(6) and Section 16 of the Act as well as Rule 12(6) of the Rules and submitted that, in the event of any renewal of FCRA Certificate has to be made by respondent No.1, such renewal has to be made six months prior to expiry of the grant of FCRA Certificate made by the authority and also by referring to Rule 12(6), it is submitted that in the event such an application seeking renewal is not made within the stipulated period of six months as noted above, renewal of such registration shall be deemed to have -6- NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR ceased from the date of completion of five years period from the date of grant of Certificate and accordingly, it is submitted by learned DSGI that the representation made by the petitioner cannot be considered as a surrender of FCRA Certificate as the registration of the petitioner itself is deemed to have ceased as per Rule 12(6) of the Rules. Accordingly, learned DSGI submitted that the consideration of the representation at this stage with regard to returns filed by the petitioner has become infructuous and therefore, no relief could be granted in this Writ Petition and accordingly, he sought for dismissal of the Writ Petition.
6. Sri. Jai M. Patil, learned counsel for respondent No.2 supported the contentions raised by the learned DSGI.
7. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the petitioner - Institution has obtained the requisite FCRA Certificate as on 31/07/2001 / 01.08.2001(Annexure-A) and same was periodically renewed till 2016. In this regard, it is relevant to extract Section 16 of the Act which reads as under: -7-
NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR (1) Every person who has been granted a certificate under section 12 shall have such certificate renewed within six months before the expiry of the period of the certificate.
Provided that the Central Government may, before renewing the certificate, make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all conditions specified in sub-section (4) of section 12.
(2) The application for renewal of the certificate shall be made to the Central Government in such form and manner and accompanied by such fee as may be prescribed.
(3) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years:
Provided that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant:-8-
NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisions of this Act or rules made thereunder.
(emphasis supplied)
8. Perusal of Section 16 of the Act would indicate that, the original grantee of the FCRA Certificate has to make an application to the competent authority under Section 12 of the Act, within six months before the expiry of the period of Certificate. In this regard, perusal of Rule 12(6) of the Rules provides that, the renewal application has to be made by such grantee, within a period of six months from the date of completion of five years from the date of grant of certificate of registration.
9. Rule 12(6) of the Rules, reads as under:
" 12(6) In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such person shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of registration."-9-
NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR (underlined by me)
10. It is to be noted that since the petitioner herein has not made an application seeking renewal as required under S.16 read with Rule 12(6) of the Rules, I am of the opinion that, surrender of Certificate does not arise at all. It is to be noted that since the petitioner herein has not made an application as required under S.16 and the period of five years from the date of grant of FCRA Certificate has lapsed by efflux of time and therefore, I am of the view that, a direction cannot be issued to the respondent for consideration of the representation submitted by the petitioner herein subsequent to 2016 onwards.
11. In this regard, taking into consideration that the annual returns filed by the petitioner herein has become infructuous as no surrender application was made by the petitioner herein as required under S.14A of the Act, and therefore, I do not find any merit in the submission made by the learned counsel appearing for the petitioner to direct the respondent - authorities to consider the returns filed by the petitioner in terms of the orders dated 24.07.2024 and 12.09.2024, as
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NC: 2025:KHC:39615 WP No. 10586 of 2021 HC-KAR otherwise, the same would contravene the provisions of the Act. It is made clear that since the surrender of Certificate has not been made by the petitioner herein as required under Section 14A of the Act and that apart, renewal application has not been made as contemplated under Rule 12(6) of the Rules, the registration granted by respondent No.1 shall be deemed to have been ceased from the date of completion of five years' period from the date of grant of Certificate of Registration. In that view of the matter, I do not find any merit in the petition and accordingly, no direction be issued to respondent - authorities to consider the representation / e-mail dated 16.09.2018 (Annexure-E).
12. The Writ Petition is accordingly, rejected.
SD/-
(E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 54