Delhi HC Seeks Centre Response On Rajiv Gandhi Foundation Plea Against Cancellation Of FCRA Registration

The Delhi High Court on Thursday issued notice to the Central government on petitions filed by Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust against the cancellation of their Foreign Contribution Regulation Act (FCRA) registration.

Sonia Gandhi, the Congress leader, leads both Non-government Organisations (NGOs). Former Prime Minister Manmohan Singh, Union Minister P Chidambaram as well as Rahul Gandhi and Priyanka Gandhi are trustees of the Rajiv Gandhi Foundation.

A single bench led by Justice Jyoti Singh expressed displeasure that the issuance of the notice required eight hearings because the government requested adjournments at least four times.

The case was first heard 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.

The government counsel requested adjournments on three subsequent dates, claiming that the Solicitor General was held up in other courts.

As the case was being heard today, the government counsel requested another pass over, but Justice Singh said she would take notice.

“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 stated.

The single bench then issued notices in the matter and listed the matter for further consideration on 23^rd August, 2023.

The cancellation of the NGOs’ FCRA license was first reported in October 2022. According to reports, both organisations’ FCRA registrations were revoked for alleged violations of the law.

The Ministry of Home Affairs (MHA) formed an inter-ministerial committee in July 2020 to investigate certain irregularities against NGOs, and the decision was made after the committee’s findings revealed violations of many FCRA norms.

According to a Press Information Bureau (PIB) press release issued in December 2022, the Rajiv Gandhi Foundation’s (RGF) FCRA license 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.”