INDIAN SOCIAL ACTION FORUM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court is a society registered under the Societies Registration Act, 1860. Vide order dated 30.4.2013 issued by the Director to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), the permanent registration of the petitioner association was suspended in exercise of the powers conferred upon the Central Government under Section 13 of the Foreign Contribution (Regulation) Act, 2010. While suspending the said registration, it was also directed that the petitioner association can utilize the funds available with it, only after taking prior permission of the Central Government in terms of Section 13(2)(b) of the FARA, 2010. Being aggrieved from the aforesaid order dated 30.4.2013, the petitioner is before this Court seeking setting aside of the said order.

(2.) IN their counter-affidavit, the respondents have stated that reports were received by the Government which revealed that foreign funds received by the petitioner were being transferred to other FCRA registered as well as non-FCRA registered NGOs, which were utilizing the said fund for organizing the protest, etc. against the welfare policies of the Government and such utilization of foreign contribution may prejudicially affect the public interest. In its rejoinder, the petitioner has denied having transferred funds to any non-FCRA registered NGOs.

(3.) THE scheme of the Act, therefore, is that if the Central Government, after making such enquiry as it may deem appropriate in this regard, is of the opinion that it is necessary in the public interest to do so, it can cancel the certificate after giving a reasonable opportunity of hearing to the organization concerned. If, while considering the cancellation of registration in terms of Section 14 of the Act, the Central Government is satisfied that it is necessary to suspend the certificate, during such consideration, it can suspend the certificate of the organization concerned for a period not exceeding 180 days provided reasons for such suspension are recorded by the Government.