Central government objects to maintainability of plea in Delhi High Court by Rajiv Gandhi Foundation against FCRA cancellation

The Delhi High Court Thursday said that it will decide in July the issue of maintainability of the petitions filed by Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust challenging the government's decision to cancel their Foreign Contribution Regulation Act (FCRA) registration. .Both the Non-government Organisations (NGOs) are headed by Congress leader Sonia Gandhi. Former Prime Minister Manmohan Singh, Union Minister P Chidambaram as well as Rahul Gandhi and Priyanka Gandhi are trustees of the Rajiv Gandhi Foundation. .When the matter was taken up for hearing first, Justice Jyoti Singh issued notices. However, later, Additional Solicitor General Chetan Sharma and Central Government Standing Counsel (CGSC) Kirtiman Singh appeared for the government and said that they want to raise the issue of maintainability. The court, therefore, listed the case for deciding the same on July 28. It also said that because the Court will decide the issue of maintainability first, no notices are being issued at this stage. At the first call, the Court had also expressed its displeasure at the fact that the issuance of notice took eight hearings because the government had sought adjournments at least four times.The case had first come to Court in January 2023. However as the Bench did not assemble, it was adjourned a couple of times. When the case was taken up for hearing on February 3, an adjournment was sought by the government counsel stating that Solicitor General Tushar Mehta will appear in the matter. Adjournments were sought by the government counsel on three subsequent dates stating that the Solicitor General was held up in other courts. As the matter was taken up for hearing today, the government counsel again sought a pass over but Justice Singh said that she will notice in the matter. "This is a Regular First Appeal (RFA). It can't be dismissed in limine. Eight dates have gone by, let's be a little practical... Eight dates to do this," the bench remarked. .The reports of cancellation of the NGOs' FCRA license first came in October 2022. According to a report in The Economic Times, the FCRA registrations of both the organisations were cancelled for alleged violation of laws. It was stated that the Ministry of Home Affairs (MHA) had constituted an inter-ministerial committee in July 2020 to investigate certain irregularities against the NGOs and the decision was taken after the committee gave its findings pointing out violation of many FCRA norms. A Press Information Bureau (PIB) press release issued in December 2022 stated that the FCRA license of the Rajiv Gandhi Foundation (RGF) was cancelled under section 14 of the FCRA "due to violation of provisions under section 11 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010". "The FCRA license of the Rajiv Gandhi Charitable Trust (RGCT) was cancelled under section 14 of the FCRA, 2010 due to violation of provisions under sections 8(1)(a), 11, 17, 18, 19 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010," the PIB said. .Senior Advocate Prashanta Chandra Sen along with advocates Prasanna S, Nikhil Bhalla, Abhishri, Swati Arya and Yuvraj Singh Rathore appeared for the the two NGOs. The Central government was represented through ASG Chetan Sharma, CGSC Kirtiman Singh as well as advocates Waize Ali Noor, Shreya V Mehra, and Yash Upadhyay. .Note: An earlier version of the story said that the Court had issued notice to the Central government. The story has been changed to reflect the subsequent development.