W.P.(C) 6400/2021 Page 1 of 36

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: February 14, 2022

+

W.P.(C) 6400/2021, CM Nos. 20091/2021, 34987/2021, 37037/2021,

44671/2021 & 46751/2021

COMMONWEALTH HUMAN RIGHTS

INITIATIVE

..... Petitioner

Through:

Mr. Arvind P. Datar Sr. Adv. and

Mr. Chandra Uday Singh, Sr. Adv.

with Mr. Kabir Dixit and Ms. Illa

Sheel, Advs.

Versus

UNION OF INDIA

..... Respondent

Through:

Ms. Aishwarya Bhati, ASG with

Mr. Anil Soni, CGSC, Mr. Devesh

Dubey and Mr. Aman Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

J U D G M E N T

V. KAMESWAR RAO, J

1.

This petition has been filed by the petitioner with the following

prayers:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000568

W.P.(C) 6400/2021 Page 2 of 36

case.”

2.

It is the case of the petitioner, being Commonwealth Human

Rights Initiative (hereinafter, „CHRI‟) that it is an independent, non-

profit, civil society organisation, headquartered in New Delhi, India

since 1993, working to promote access to justice, access to information

and timely fulfilment of the United Nations Sustainable Development

Goals (SDGs) in India and in Commonwealth countries. The petitioner

was registered under the Societies Registration Act, 1860 on July 21,

1993.

3.

It is stated in the petition that several institutions of the Central

and State Governments including Human Rights Commissions,

Central and State Information Commissions, law enforcement agencies

and legal aid authorities, recognise the petitioner as a resource partner

in the domains of police and prison reform and transparency in

governance.

4.

On September 03, 1993, the petitioner was granted a

Certificate of Registration No. 231650671 under the Foreign

Contribution Regulation Act, 1976. Thereafter, on October 28, 2016,

the petitioner’s registration was renewed up to October 31, 2021,

under the Foreign Contribution (Regulation) Act, 2010 (hereinafter,

„FCRA, 2010‟).

5.

On June 07, 2021, the petitioner’s FCRA Registration was

suspended for 180 days under Section 13 of the FCRA, 2010 pending

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000568

W.P.(C) 6400/2021 Page 3 of 36

consideration of cancellation of Certificate of Registration of the

petitioner under Section 14(1)(d) of the FCRA, 2010.

6.

On June 26, 2021, the petitioner communicated its response to

the impugned suspension order, wherein it is stated that there was no

violation of the FCRA, 2010 or Foreign Contribution (Regulation)

Rules, 2011 (hereinafter, „FCRR, 2011‟) by the petitioner as alleged.

Accordingly, the petitioner requested urgent revocation of the

impugned suspension order by June 30, 2021.

7.

On December 01, 2021, the impugned suspension was

extended for another period of 180 days. On December 07, 2021, a

Show Cause Notice under Section 14(2) of the FCRA, 2010, was

served on the petitioner. According to the Show Cause Notice, the

respondent had authorised an audit of the petitioner’s books of

accounts and activities for the first time vide order dated July 29, 2021,

passed under Section 20 and Section 23 of the FCRA, 2010. The said

audit was conducted from August 09, 2021, to August 14, 2021. Upon

scrutiny of audited records, certain observations were drawn and

shared with the petitioner vide letter dated October 07, 2021, for

comments.

8.

It is the case of the petitioner that the impugned order of

suspension is erroneous in terms of the following finding:

(a) “Details of activities/ projects for which foreign

for the FY 2018-19.”

In this regard, it is stated that the response by the petitioner

dated June 26, 20