Indian Social Action Forum vs Union of India.[1] [WP(C) 10199/2016&CM APPL. 37992/2021 – Delhi HC: Order dt 24-07-2025)
Delhi HC (Justice NitinWasudeo Sambre & Justice Anish Dayal) decided in favour of appellant NGO – INSAF, whose FCRA renewal registration application was rejected by the FCRA Dept. vide its email communication dt 21-10-2016.
In its order the HC stated that it was concerned that the order was without reasons and even the basic considerations. It was only ‘one line email’ stating that the Union of India rejected the prayer of the petitioner for renewal for the period from 2016-2021. Although during the hearing, Union Govt has tried to justify its decision by narrating the reasons in the affidavit. Since the said order cannot be substantiated by these reasons, such conduct of Union of India reflects complete non-application of mind, and therefore can also be termed as in violation of principles of natural justice.
In view thereof the said order cannot be sustainable.
Subsequent affidavit submitted by Union of India, stated that the basis for rejection of renewal is on account of S.12(4)(e) of FCRA Act 2010, where certain criminal prosecution cases were pending against the office bearers. Petitioner informed the Court that in all the cases, the office bearer of the petitioner stood acquitted in all but one case. HC directed Union of India to consider the renewal requestof certificate afresh, within 90 days of the Order, and allowed the petitioner to submit all such material which it considers justifiable for claim of grant of renewal within 30 days. HC specified that it has adhered to the timeline of 90 days in view of the proviso to S.16 of the Act, requiring it to provide its decision and reasons for rejection with 90 days.
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008
https://www.livelaw.in/pdf_upload/74824072025cw101992016160738-612534.pdf