IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28201 OF 2024 (GM-RES)

BETWEEN:

PENOR RINPOCHE CHARITY FOUNDATION A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, 1882, NYINGMA MONASTERY, POST OFFICE, BYLAKUKPPE MYSURU-571104 REPRESENTED BY ITS MANAGING TRUSTEE, MR. TSERING CHOEDHAR, SON OF MR. LOBSANG PHUNTSOK, AGED ABOUT 40 YEARS.

…PETITIONER (BY SRI. SHANKAR., SR. ADVOCATE FOR SRI. MADHUSUDHAN U A., ADVOCATE)

AND:

Digitally signed 1. UNION OF INDIA by SHWETHA MINISTRY OF HOME AFFAIRS, RAGHAVENDRA NORTH BLOCK, Location: HIGH COURT OF NEW DELHI-110001 KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT.

2. THE HOME SECRETARY GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NO.124, NORTH BLOCK, NEW DELHI-110001

3. THE JOINT SECRETARY GOVERNMENT OF INDIA, FOREIGN DIVISION (FCRA WING)

FCRA WING, 1^ST FLOOR, MAJOR DAYAN CHAND NATIONAL STADIUM, NEAR PRAGATI MAIDAN, NEW DELHI-110001

4. STATE BANK OF INDIA REPRESENTED BY ITS MANAGER/DEPUTY MANAGER, NEW DELHI MAIN BRANCH, FCRA SECTION, FOURTH FLOOR, 11 PARLIAMENT STREET, NEW DELHI-110001 …RESPONDENTS (BY SRI. ARAVIND KAMATH., ASGI., FOR SRI. S. RAJASHEKAR.S., ADVOCATE FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAY THE OPERATION OF THE COMMUNICATION / ORDER DTD. 08.07.2024 REFUSING THE APPLICATION FOR RENEWAL UNDER SECTION 16(2) READ WITH SECTION 12(4)(f)(iii) OF THE FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 HEREIN MARKED AS ANNX-A AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

i. Stay the operation of the communication/order dated

08.07.2024 refusing the application for renewal under section 16(2) read with section 12(4)(f)(iii) of the Foreign Contribution (Regulation) Act, 2010 herein marked as Annexure-A.

ii. Direct the Respondent No.4 to permit the petitioner to withdraw the funds already credited and available in the State Bank of India, Account No. 40090637557, maintained at New Delhi Main Branch during the pendency of this Writ Petition.

iii. Grant such other reliefs as this Hon’ble High Court may think fit including the cost of this writ petition.

2. The petitioner claims to be an organisation founded on 03.05.1982, running monastic schools, colleges and hostel facilities, providing free food, clothing and shelter to over 3,700 monks and nuns, apart from carrying out several other activities. The petitioner was granted registration under the Foreign Contribution (Regulation) Act, 1976 (FCRA, 1976) under subsection (1) of Section 6 with effect from 05.11.1986. The said registration was extended from time to time.

3. On 29.04.2011, the FCRA, 1976 was repealed and FCRA, 2010 was brought into force with effect from 01.05.2011. In terms of Section 11 of the FCRA, 2010, any association granted registration under Section 6 of the FCRA, 1976 which was valid before the commencement of FCRA, 2010 is deemed to have been registered in FCRA, 2010 and valid for a period of 5 years from the date on which FCRA, 2010 came into force. Subsequent thereto, the petitioner was required to make an application for registration and as such made such application in Form No.3 on 24.07.2016 as per subsection (1) of Section 16, read with Rule No.12 of the Foreign Contribution (Regulation) Rules 2011 i.e. FCR Rules 2011.

4. When such an application was made, two of the trustees were shown to be US nationals, the Under Secretary, Ministry of Home Affairs, Foreign Division, FCRA wing renewed the registration for a period of 5 years.

5. On 29.01.2021, respondent no.2 issued a notice calling for clarification insofar as Mr Gyang Khang Tulku and Mr Muksang Kuchen. The petitioner clarified that both of them are residing out of India.

They had executed documents in the United States of America, got