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The court said that the organisations “can make representation to the authorities and the authorities can decide in accordance with law’. (File) The Supreme Court on Tuesday refused to grant interim relief to NGOs which sought extension of their licences under the Foreign Contribution Regulation Act which was not renewed by the union home ministry after their expiry in November 2021.
A bench of Justices A M Khanwilkar and Dinesh Maheshwari and C T Ravikumar said it did not intend to grant any interim relief after the Centre submitted that the licences of those NGO’s that had applied within the permitted time limit had been extended.
“We have heard of the parties in the matter of interim relief. The petitioner has sought directions that those NGOs who had FCRA approval in 2021 should be allowed to continue. On this, the Solicitor General submits that those who had applied within the cut off time, their previous registration will be considered. We do not intend to pass any orders,” the bench said in its order.
The court added that the organisations “can make representation to the authorities and the authorities can decide in accordance with law’.
The court was hearing a plea by Houston-based NGO Global Peace Initiative and its founder, K A Paul, an evangelist, challenging “the decision of the Ministry of Home Affairs vide which it has cancelled/refused to renew the registration under the Foreign Contribution (Regulation) Act, 2010 of close to 6,000 non-governmental organizations”.
Appearing for the petitioners, Senior Advocate Sanjay Hegde cited the work done by NGO’s during the Covid-19 pandemic and said a decision regarding their licences should not be enforced during the pandemic time.
Solicitor General Tushar Mehta appearing for the Centre however said that there is a time limit under the statute. He added that the licences of 11,594 NGO’s that applied for renewal within that period have already been extended. The government is conscious of this, he said.
The SG also raised questions on the locus standi of the petitioner NGO asking “How is the Houston-based NGO concerned with this?” He added, “I don’t know what is the purpose of this PIL. Something is amiss”.
The bench then said it was not considering any interim relief and that the petitioners should wait for its judgement on another petition challenging amendments made to the Act in 2020. A bench headed by Justice Khanwilkar had reserved its judgment on the petition on November 9, 2021.
Hegde then prayed that the licences of those organisations which apply within the next two weeks be extended.
The bench told him, “Mr Hegde, make representation. If they want to consider, they’ll consider”.
The plea said that the work done by these NGOs helped millions of Indians and that the “sudden and arbitrary cancellation of FCRA registration…violates the rights of the organizations, their workers as well as the millions of Indians who they serve. This is especially relevant at a time when the country is facing the third wave of the Covid-19 virus”.
It said that “the role of NGOs in helping combat the pandemic has been acknowledged by the Central Government, the Niti Aayog and the Prime Minister’s office itself. Cancellation of the licenses of close to 6000 NGOs at this time will hamper relief efforts and lead to denial of aid to citizens in need.’
The plea submitted that “the FCRA Amendment Act, 2020 brought in a number of onerous conditions upon the registered entities under the FCRA, which has significantly hampered their activities and operations. In fact, most organizations that are facing non-renewal/ cancellation of their FCRA registration are doing so in light of their inability to meet the conditions imposed by the 2020 amendments”.
It said that the MHA in its December 31, 2021 order extending the validity of registration of certificates of NGOs whose applications are pending before it also stated that “in case of refusal of the application for renewal of certificate of registration, the validity of the certificate shall be deemed to have expired on the date of refusal of the application of renewal and the association shall not be eligible either to receive foreign contribution or utilise the foreign contribution received.”
The petitioners contended that “it appears that the MHA has relied on the non-fulfillment of the same provisions which were under challenge” in the petition on which the court has reserved judgement, “to cancel/ refuse renewal of close to 6000 NGOs”.
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