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2022 Supreme(SC) 340

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Noel Harper – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s):Gopal Sankaranarayanan, Ashishek Jabaraj, Srishti Agnihotri, Nupur Raut, Ishita Chowdhury, Sanjana Grace Thomas, Gautam Jha, Piyush Chhabra, Bripendra Singh, Praveen Swarup, Advocates
For the Respondent(s):Tushar Mehta, Ld. Kanu Aggrawal, M.K. Maroria, Sanjay Kapur, Swarupama Chaturvedi, Sanmaya Kapoor, Himanshi Goel, Advocates

JUDGMENT :

A.M. KHANWILKAR, J.

1. These petitions under Article 32 of the Constitution of India primarily assail the constitutional validity of the amendments to the provisions of the Foreign Contribution (Regulation) Act, 20101 [for short “the 2010 Act” or “the Principal Act” as the case may be] vide the Foreign Contribution (Regulation) Amendment Act, 20202 [for short “the 2020 Act” or “the Amendment Act” as the case may be] which has come into effect on 29.9.2020, in particular, Sections 7 , 12(1A), 12A and 17(1), being manifestly arbitrary, unreasonable and impinging upon the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution.

2. Re: Writ Petition (Civil) No. 566 of 2021

    (a) Petitioner No. 1 in this petition along with Carol Faison founded a trust in the name of “The Care and Share Charitable Trust” in Vijayawada, India (bearing Registration No. 242/1997), in the year 1997. It is the case of the petitioners that the Trust is also registered with the Income Tax authorities and Ministry of Home Affairs, Government of India including under the Foreign Contribution (Regulation) Act, 19763 [for short “the 1976 Act”] for receipt of forei

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