IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39055 OF 2025 (GM-RES)

BETWEEN:

M/S SITARAM JINDAL FOUNDATION

16^TH KM, TUMKUR ROAD JINDAL NAGAR, BENGALURU 560 073, KARNATAKA.

NATURE OF BUSINESS CHARITABLE, PROVIDING SCHOLARSHIPS TO MERITORIOUS AND NEEDY STUDENTS ACROSS INDIA Digitally FOREIGN CONTRIBUTION signed by VANAMALA (REGULATION) ACT, 1976 N REPRESENTED BY ITS TRUSTEE, Location:

SRI. DHIRAJ SINGH, HIGH COURT OF AGED ABOUT 49 YEARS, KARNATAKA S/O. SRI. OMPAL SINGH THAKUR, …PETITIONER (BY SRI. S PARTHASARATHI.,ADVOCATE A/W SMT. JINITA CHATRJEE.,ADVOCATE)

AND:

1. THE DEPUTY SECRETARY GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION, (FCRA WING)

NATIONAL STADIUM, NEAR PRAGATI MAIDAN NEW DELHI-110001.

2. THE JOINT DIRECTOR (FCRA)

GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION, (FCRA WING)

MDCNS, INDIA GATE, NEW DELHI-110 001.

…RESPONDENTS (BY SRI. KUMAR M N.,ADVOCATE FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND

227 OF CONSTITUTION OF INDIA PRAYING TO- A) QUASHING THE NOTICE RECEIVED THROUGH E-MAIL DATED 20.11.2025 ISSUED BY THE 1^ST RESPONDENT (ANNEXURE-H); B) DIRECTING THE 2ND RESPONDENT TO GRANT RENEWAL OF REGISTRATION UNDER SECTION 16 OF THE ACT DATED 29.08.2025 (ANNEXURE-G); C) ISSUE A WRIT OF PROHIBITION RESTRAINING THE 1^ST RESPONDENT TO PROCEED FURTHER IN PURSUANCE OF THE NOTICE RECEIVED THROUGH E-MAIL DATED 20.11.2025 (ANNEXURE- H).

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner is aggrieved by the Notice issued by the Deputy Secretary, Foreigners Division (FCRA Wing), Ministry of Home Affairs, Government of India, and the petitioner is informed by this impugned notice that, upon scrutiny, certain irregularities as enumerated in the notice are observed and that if the petitioner intends to compound the offence constituted by such irregularities may apply to the Ministry under Rule 21 of Foreign Contribution (Regulation) Rules 2011 [FCRR 2011] within 30 days of issuance of this notice.

2. Sri Kumar M.N., a learned Standing Counsel who is permitted to enter appearance for the first and second respondents accepting the Memo of Appearance filed, submits that the petitioner cannot have any objections with this communication because the petitioner's revision application has been allowed by the competent authority subject to the condition that if any foreign contribution is received or utilized during the intervening period without a valid registration, the relevant office must compound the offence before disposing of the revision application. Sri M. N. Kumar submits that the petitioner has not placed these circumstances or documents to support these circumstances before the competent authority.

3. Sri.S.Parthasarathi in refutal underscores the following.

[a] The petitioner has not received any foreign contribution from the year 2017 till the renewal of the registration in the month of May 2025, and the amount in the petitioner's account is an accumulation from the investments made earlier or from other contributions.

[b] If the petitioner has not received any foreign contribution during the afore intervening period, the notice lacks jurisdiction.

4. This Court has considered these circumstances. If the petitioner has received any financial contribution during the relevant period, despite its protestation as aforesaid, an offence is constituted, and that could also be a cause for compounding under Rules 21 of FCRR 2011. There should be comprehensive proceedings for compounding instead of two separate proceedings.

As such, this Court is of the view that the Deputy Secretary, Ministry of Home Affairs, Foreigners Division [FCRA Wing], Government of India must first examine whether the petitioner could be justified in the stand as is presented before the petitioner can be called upon to fil