Supreme Court to hear plea challenging MHA's decision to cancel FCRA license of NGOs on January 25

Supreme Court. File Pic

The Supreme Court posted for hearing on January 25 on a plea challenging the decision of the Ministry of Home Affairs by which it had cancelled or refused to renew the registration of around 6,000 non-governmental organisations (NGOs) under the Foreign Contribution (Regulation) Act, 2010.

A bench headed by Justice AM Khanwilkar said it will hear the case tomorrow. "Today we are in two-judge bench composition, let it be heard tomorrow by a three-judge bench. It will be there in the list," Justice Khanwilkar said. The plea filed by Global Peace Initiative, an organisation incorporated in the Texas, USA, and Dr KA Paul, founder of the organisation has sought direction to the Centre to extend the validity of registration of those organisations that had failed to apply for renewal of registration, till such time as Covid-19 continues to be a 'notified disaster'.

The petition also sought direction to strike down the public notice issued on December 13, 2021, to the extent that it does not permit organisations whose applications for renewal of registration have been rejected, to not accept or utilise the foreign funds received. The cancellation of licenses can have a debilitating effect on the Covid-19 relief efforts, said the plea.

The petition stated that the role of NGOs in helping combat the pandemic has been acknowledged by the Central government, the Niti Aayog and the Prime Minister's office itself and cancellation of the licenses of close to 6,000 NGOs at this time will hamper relief efforts and lead to denial of aid to citizens in need. It added that at the peak of the second wave, a number of NGOs and industry bodies had made representations seeking waiver of the requirements of the FCRA, and the MHA had also issued directions in exercise of powers conferred by Section 50 of the Act, extending the validity of registration of various organisations "in view of the exigencies arising out of Covid-19 situation".

The plea urged that the same exigencies exist today and the decision to cancel/not renew licenses, therefore, shows a lack of application of mind. "The work done by these NGOs helped millions of Indians and the sudden and arbitrary cancellation of FCRA registration of thousands of these NGOs violates the rights of the organisations, their workers as well as the millions of Indians who they serve," it added.

The petition stated that the refusal to renew the license is "ex-facie illegal and liable to be set aside", and cancellation of the license of a renowned charitable organization like the Missionaries of Charities on vague grounds such as "adverse inputs" will have a chilling effect on all other NGOs.

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