NORTH EAST DIOCESAN SOCIAL SERVICE SOCIETY AND 2 ORS v. THE UNION OF INDIA AND 4 ORS

NORTH EAST DIOCESAN SOCIAL SERVICE SOCIETY AND 2 ORS REP. BY ITS DIRECTOR, SHRI VARGHESE VELICKAKAM, AGE- 58 YEARS, S/O (L) OUSEPH MATHEW, NORTH EAST DIOCESAN SOCIAL SERVICE SOCIETY, R/O- H.NO. 55 P.S. LATASIL, P.O. KHARGHULI, GHY-04, KAMRUP (M), ASSAM 2: MAYA MUCHAHARY S/O- SHRI BUDHINATH MUCHAHARY R/O- GUWAHATI GANA SEVA SOCIETY ARCHBISHOPS HOUSE PB-100 GNB ROAD AMBARI GHY-01 ASSAM 3: NOBIN BORA S/O- SHRI (L) RUPAI BORA R/O- JOYPUR H.NO.15 P.S.- LATASIL P.O. KHARGHULI GHY-4 DIST.- KAMRUP (M) ASSA VERSUS THE UNION OF INDIA AND 4 ORS REP. BY HOME SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001 2:THE DIRECTOR (FCRA) WING GOVT. OF INDIA MINISTRY OF HOME AFFAIRS FOREIGNER DIVISION FCRA WINGS FIRST FLOOR MAJOR DHYAN Page No.# 2/3 CHAND NATIONAL STADIUM INDIA GATE CIRCLE NEW DELHI- 110001 3:THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF LAW AND JUSTICE (LEGISLATIVE DEPTT.) NEW DELHI- 110001 4:THE RESERVE BANK OF INDIA 6 SANSAD MARG SANSAD MARG AREA NEW DELHI-110001 5:THE STATE BANK OF INDIA (SBI) NEW DELHI MAIN BRANCH (NDMB) 11 SANSAD MARG NEW DELHI- 11000 Advocate for the Petitioner : MR. H L SHANGEEISHO Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 30.07.2022 (R.M. Chhaya, CJ) Heard Mr.

R. Islam, learned counsel for the petitioners. By way of this writ petition, the petitioners have prayed for the following reliefs: “ i) A writ in the nature of certiorari and/or any other writ, order or direction of like nature towards setting aside and quashing the impugned public notice dated 13th October, 2020 (Annexure-6) issued by the Respondent No.2 as illegal and unconstitutional in the interest of justice. ii) To hold and declare that the impugned section 17(1), 12(1 A) amended Page No.# 3/3 and Section 7 of the Foreign Contribution (Regulation) Amendment Act, 2020 is ultra vires to the Constitution of India and please strike down the same as unconstitutional. iii) To direct the Respondents not to interfere with the acceptance and utilisation of foreign contribution, operation of the existing bank accounts in the schedule banks and function of the writ petitioner No.1 and its bonafide members and iv) And/or pass such other order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.

Pending disposal of the instant writ petition, Your Lordships may be pleased to pass an interim order directing the respondents not to take any coercive action such as freezing/interfering with the operation of the existing accounts of the writ petitioner No.1 and its other bonafide members in the schedule banks or interfering with the acceptance and utilisation of the foreign contribution and/or direct the respondents not to interfere with the functioning of the writ petitioner No.1 and its other bonafide members and or stay the operation of the impugned public notice dated 13th October , 2020 (Annexure-6) issued by the Respondent No.2 as Your Lordships may be deemed fit and proper for the ends of justice.”. Mr. Islam, learned counsel for the petitioners pointed out that the constitutional validity of Sections 7, 12(1A), 12A and 17(1) of the Foreign Contribution (Regulation) Amendment Act, 2020 was challenged before the Hon’ble Apex Court by some persons by way of filing a writ petition under Article 32 of the Constitution of India being WP(C) No.