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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
Arsha Vidya Parampara Trust – Appellant
Versus
The Union of India Rep by – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.12.2025
CORAM:
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
Arsha Vidya Parampara Trust
A Public Charitable Trust registered under the Indian Trusts Act, 1882,
having its registered office at Vimal B/G-03,
through its Chief Functionary/Managing Trustee,
Swami Sarvananda Saraswati ... Petitioner
Vs.
1.The Union of India,
Rep.by Ministry of Home Affairs,
(FCRA Wing), I Floor,
Mayor Dyan Chand National Stadium,
Near Pragati Maidan, New Delhi – 110 002.
2.The Director, FCRA Wing,
Ministry of Home Affairs,
(FCRA Wing), I Floor,
Mayor Dyan Chand National Stadium,
Near Pragati Maidan,
New Delhi – 110 002. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd Respondent dated 08.09.2025 in File No.0100001062025 and quash the same and consequently direct the Respondents to allow the application dated 27.01.2025 filed by the Petitioner for registration under the Foreign Contribution (Regulation) Act and pass such further or other order or orders as deemed fit and proper by this Court in the circumstances of the cas
Compounding a violation under the FCRA Act rectifies the applicant's status, and vague basis for rejection violates principles of natural justice.
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.
An appeal under Section 31(2) of the FCRA, 2010 is maintainable against the rejection of a renewal application, emphasizing the necessity for clear reasoning in rejection orders.
An appeal under Section 31(2) of the FCRA, 2010 is not maintainable for the rejection of a renewal application under Section 16; the proper remedy lies in filing a revision under Section 32.
Court affirmed that defenses in criminal proceedings are evaluated at trial and not during quashing applications, emphasizing the necessity to substantiate allegations properly.
The authority can refuse renewal of FCRA registration based on safety concerns without violating natural justice, as supported by inquiry findings.
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