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This is an archive article published on June 29, 2024

Karnataka HC quashes Centre’s order cancelling FCRA registration of Centre for Wildlife Studies

The Ministry of Home Affairs passed an order cancelling the Foreign Contribution Regulation Act (FCRA) registration of the Centre for Wildlife Studies in September 2023.

karnataka high courtThe order was passed on June 25 by a bench consisting of Justice M Nagaprasanna.

The Karnataka High Court has struck down an order of the Ministry of Home Affairs cancelling the Foreign Contribution Regulation Act (FCRA) registration of the Centre for Wildlife Studies, a Bengaluru-based organisation focusing on wildlife research and conservation. The order was passed on June 25 by a bench consisting of Justice M Nagaprasanna.

Ullas Karanth, chief functionary of the trust, has got the Centre for Wildlife Studies registered in 1990 to promote wildlife study, conservation etc. In 2021, after a change of bank account which was applied for, foreign contributions were also made. The same year, the Central Government had issued a six-month suspension of the trust registration and a questionnaire, which Karanth’s counsel contended was not received.

In December that year, the trust sent a detailed reply in response to a show cause notice. In September 2023, an order was passed cancelling the FCRA registration.

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Karanth’s counsel argued that the order cancelling the registration was done without reasons and the trust represented by Karanth should have been afforded a personal hearing. The opposing counsel argued that “reasonable opportunity of being heard” which was required under the law was met by issuing the show cause notice.

Looking into previous cases, the bench observed, ” Principles of natural justice, is trite cannot be stretched to unlimited extent. But, it is equally trite that when consequences thereof are grave, it should be complied with in its entirety even stretching in a little further. Therefore, the words depicted in the Act ‘reasonable opportunity of being heard’ cannot be restricted to issuance of a show cause notice…..Non-affording of personal hearing to the petitioner has rendered the order unsustainable and the unsustainability of it, would lead to its obliteration. Let there be no confusion that there can always be a fusion between hearing and personal hearing.”

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