Authority: Supreme Court of India
Order Date: 13-07-2026
Case Overview
- Petitioner: Secretary to the Government of India (Union of India)
- Respondent: M/s Asha Kiran Charitable Society
- Petition: Special Leave Petition (C) No. 21821/2024, arising from impugned final judgment and order dated 12-09-2023 in WPC No. 17524/2022 passed by the High Court of Orissa at Cuttack.
- Background: The Society had filed a renewal application for registration under the Foreign Contribution Regulation Act, 2010 (FCRA) on the basis of Section 16(1) read with Section 12(4)(f)(vi). The Ministry declined the application on 15‑04‑2022. The Society challenged this declination before the High Court, which on 12‑09‑2023 set aside the Ministry’s intimation and allowed the writ petition.
- Proceedings: The Union of India filed the present SLP. The Society was served on 13‑05‑2025 but made no appearance. The Additional Solicitor General (ASG) appeared for the petitioner.
- Court’s Observations: The Court held that justice would be served by setting aside the impugned order and granting the Society liberty to make a fresh application for FCRA registration. Any fresh application will be considered on its own merits, independent of the earlier refusal dated 15‑04‑2022, which the High Court had already set aside. The petitioner will conduct a fresh inspection and prepare a fresh report if a new application is filed.
Final Outcome
- The Supreme Court set aside the impugned High Court order.
- The Special Leave Petition is disposed of in the terms stated.
- The Society is free to file a fresh application for registration under the FCRA; such an application will be evaluated on its merits.
- Any pending applications, if any, stand disposed of.
Topics: Foreign Contribution Regulation, Judicial Review, NGO Registration