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PRATHIBA M. SINGH
Legal Initiative For Forest And Environment Through Founding Trustee Mr. Ritwick – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral)
CM APPL. 28121/2023 (stay)
1. This hearing has been done through hybrid mode.
2. The Petitioner-Legal Initiative for Forest and Environment challenges the impugned suspension order bearing F. No. II/21022/58(88)/2023-FCRA(MU) dated 13th March, 2023 issued by the Respondent-Ministry of Home Affairs (`MHA'). Vide the said order, the Petitioner's Foreign Contribution (Regulation) Act (hereinafter, `FCRA') license/certificate issued on 18th June 2012 has been suspended for a period of 180 days.
3. The impugned suspension order was issued under Section 13 of the FCRA Act, 2010 (`the Act'). Section 13 of the Act provides for suspension of the FCRA certificate. The said provision reads as follows:
"13. Suspension of certificate.-
(1) Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any of the grounds mentioned in sub-section (1) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate for a period of one hundred and eighty days, or such further period, not exceeding one hundred and eighty days, as may be speci
The main legal point established in the judgment is the necessity of following due process, including issuing a show cause notice under Section 14, before directing suspension of the FCRA certificate....
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 authority can refuse renewal of FCRA registration based on safety concerns without violating natural justice, as supported by inquiry findings.
The requirement for a personal hearing before the cancellation of registration under the FCRA is essential when the consequences are severe, as outlined in Section 14(2) of the Act.
Mandamus cannot be issued for withdrawal of funds from FCRA account post-registration cancellation when statutory provisions vest authority with the government.
When a statutory body has not yet ruled on a party's pending representation regarding administrative findings, the court may direct the authority to consider the submission within a fixed timeline ra....
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