Karnataka trust not heard, HC scraps cancellation of FCRA registration
Karnataka trust not heard, HC scraps cancellation of FCRA registration
BENGALURU: Centre for Wildlife Studies (CWS), founded by scientist K Ullas Karanth, won relief from the Karnataka high court which quashed a series of orders issued by the home ministry that led to the cancellation of its registration under FCRA, reported. The court said "reasonable opportunity of being heard" could not be restricted to issuing show-cause notice, and said this rendered the action unsustainable.
In a series of flip-flops, MHA slapped a suspension order on CWS under Foreign Contribution (Regulation) Act on March 5, 2021, extended it, and again cancelled it on Sept 4, 2023 following a show-cause notice on Dec 3, 2021. CWS challenged it, saying a personal hearing under Section 14(2) of the FCRA Act was not given to Karanth.
HC: 'Hearing' under FCRA not limited to show-cause
On the other hand, MHA argued there was no requirement in the law to grant a personal hearing before cancellation of the registration certificate.
HC's quashing order came on June 25. Justice M Nagaprasanna said Section 14(2) permits cancellation of registration and Sec 14(3) would bar such an entity from registration for three years. "Therefore, it cannot be said Sec 14(2) is restricted only to hearing and hearing would mean only issuance of a show-cause notice.
"Therefore, the words in the act - 'reasonable opportunity of being heard' - cannot be restricted to the issuance of a show-cause notice... A personal hearing, owing to the peculiar facts of the case as well as the peculiarity of Sec 14(3) of the act, should have been afforded to the petitioner. Non-affording of personal hearing to the petitioner has rendered the order unsustainable and the unsustainability of it would lead to its obliteration. Let there be no confusion that there can always be a fusion between hearing and personal hearing," Justice Nagaprasanna observed while quashing the suspension and extension orders, the show-cause notice and the final cancellation order vis-a-vis the petitioner entity's registration under the act.
"In light of the quashing of the orders, the petitioner becomes entitled to all consequential benefits, including status quo ante. Liberty is, however, reserved in the Union of India if it finds necessary to act in accordance with law bearing in mind the observations made in the course of the order," the judge added.
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