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A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Noel Harper – Appellant
Versus
Union of India – Respondent
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
Compounding a violation under the FCRA Act rectifies the applicant's status, and vague basis for rejection violates principles of natural justice.
Point of law : By the time suspension order was passed, the Central Government had neither issued any notice of hearing / Show Cause notice in terms of sub-section (2) of Section 14 nor had it initia....
The court upheld the suspension of the FCRA registration under Section 13, ruling that no prior inquiry or hearing is required, affirming the necessity of statutory compliance over natural justice.
The delayed opening of the FCRA bank account and subsequent actions of the petitioner influenced the court's decision in validating the uploaded annual return without further penalties.
Point of law: Exemptions and relaxations under different Statutes are not a matter of right. It is the prerogative power of the Government to exempt or give relaxations with or without stringent cond....
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