The Karnataka High Court has nullified the Home Ministry’s decision to cancel the FCRA License of the Centre for Wildlife Studies (CWS) under the Foreign Contribution (Regulation) Act (FCRA). The ruling, delivered on June 25 by a bench led by Justice M. Nagaprasanna, came after CWS contested the cancellation, arguing it lacked justification and that they were denied a personal hearing as required under Section 14(2) of the FCRA.
The Home Ministry, however, claimed that personal hearings were not necessary before revoking a registration, according to PTI. CWS, a research and conservation institute founded by K. Ullas Karanth, had applied for a change in its bank account in 2021, after which it began receiving foreign contributions. Following this, the Union government suspended the trust’s registration for six months and sent a questionnaire, which CWS’s counsel claimed was never received, as reported by The Indian Express.
On 5 March 2021, CWS’s registration was suspended, and in December of the same year, they received a show-cause notice. Ultimately, their FCRA license was cancelled on 4 September 2023.
Justice Nagaprasanna ruled that a personal hearing was essential in this case, stating, ‘The words in the Act ‘reasonable opportunity of being heard’ should not be limited to the issuance of a show-cause notice, but must include a personal hearing, given the unique circumstances of this case under Section 14(3).’ The court concluded that the absence of a personal hearing made the cancellation order unsustainable and it must therefore be set aside.
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