JAGADISH AND KAMALA MITTAL MUSEUM OF INDIAN ARTS Vs. SECRETARY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) Jagdish and Kamala Mittal Museum of Indian Arts, represented by its Trustee Secretary filed this writ petition to issue a writ of certiorari or any other order or writ quashing the impugned letter dated 5-5-1997 issued by the Ministry of Home Affairs, Government of India as illegal, arbitrary and to declare that the petitioner's trust is deemed to have been granted registration under the provisions of Section 11 of the Foreign Contributions (Regulations) Act, 1976 and pass such other orders which are deemed fit and proper in the circumstances of the case.

(2.) The petitioner is a public charitable trust constituted under the trust deed dated 13-3-1976 by Sri Jagdish Candra Mittal and Smt. Kamala Devi Mittal and there are other ten trustees and is registered with the Sub-Registrar on 30-3-1976 with the main object to run the museum for the benefit of the public to appreciate and enjoy the aesthetics quality of the traditional arts and crafts of India and promote the understanding of the stylistic characteristics and to promote, initiate and undertake studies and research in various fields and aspects of the traditional arts and crafts of India and to impart and disseminate knowledge of the same. Accordingly the trust made application for registration to receive foreign contributions, by application dated 4-6-1994 with a covering letter dated 20-6-1994 addressed to the respondent No.1, which was made under the provisions of the Foreign Contribution (Regulations) Act, 1976 (for brevity the Act) and the same was acknowledged by the respondent on 24-6-1994. After receipt of the said application by the respondent, they informed through their letter dated 7-3-1995 asking for additional information. After receipt of the said letter, the petitioner personally furnished the information on 5-4-1995 to one Ramachari, the Field Officer of the Ministry of Home Affairs and also by speed post by letter dated 25-4-1995. Nothing was communicated to the petitioner by the respondents upto 5-3-1997 on which date, the respondent No.2 addressed letter enclosing Revised Form No.FC (8) to the petitioner requiring them to furnish the information in the said Form No.FC(8) within 15 days from the date of receipt of the said letter. The petitioner wrote a letter dated 11-3-1997 pointing out that the initial application was received by the first respondent on 24-6-1994 and after the issue of letter dated 7-3-1995, the Field Officer of Ministry of Home Affairs, stationed at Hyderabad, Mr. Ramachari contacted the petitioner personally and obtained all the required information. Thereafter the petitioner was informed by the respondent through their letter dated 25-4-1995 that after careful consideration of the petitioner's application, it was not found possible to register the petitioner as an association under Section 6(1) of the Act.

(3.) Assailing the correctness of the said order, the present writ petition is filed contending that the letter does not indicate as to who is the competent authority and with whose approval the said letter was issued, that before rejecting the application no opportunity of hearing was given to the petitioner, that after receiving the impugned order, a letter dated 10-6-1997 was addressed to the respondent to recall the impugned order as the same is opposed to the provisions of sub-section (2) of Section 11 of the Act and since no reply was received from the respondent, the present writ petition is filed.