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FCRA gives no chance to cert holder before suspension: Delhi HC | India News – Times of India

NEW DELHI: The Delhi HC, while dismissing a writ petition filed by NGO Commonwealth Human Rights Initiative (CHRI) against suspension of its registration under the Foreign Contribution Regulation Act, has made it clear that the Act doesn’t provide for any opportunity to be given to the FCRA certificate holder before suspension of the certificate.
Based on certain FCRA violations detected by it, the MHA had suspended the FCRA registration of CHRI — headquartered in Delhi, with offices in London and Accra, Ghana — for a period of 180 days on June 7, 2021, which it extended on December 1, 2021, by a further 180 days.
The Delhi high court on Monday upheld the MHA suspension order dated June 7, 2021, in respect of CHRI and ruled it to be as per the provisions of FCRA. It also said that there was no reason to interfere with the MHA order, and added that Section 13(1) of the FCRA gives discretion to the central government to suspend the certificate only if it is satisfied that it is necessary to do so.
Sources in the home ministry told TOI on Wednesday that the key FCRA violations that led MHA to suspend CHRI’s licence include failure to provide in its annual return for 2018-19, details of a project for which foreign contribution was received; instances where foreign contribution received in India was spent for benefit of society outside Indian territory; and providing consultation to a foreign entity abroad and showing the professional fees earned for it, as foreign contribution in its annual return.
FCRA, it stated, had to be understood from the perspective that it is to consolidate the law, to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest.

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