Delhi High Court Issues Notice to Central Government Over Cancellation of Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust's FCRA Registration

The Delhi High Court issued notice to the Central government on Thursday in response to petitions filed by the Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust, both headed by Congress leader Sonia Gandhi. 

The petitions challenge the government’s decision to cancel the organizations’ Foreign Contribution Regulation Act (FCRA) registration. Former Prime Minister Manmohan Singh, Union Minister P Chidambaram, and Rahul and Priyanka Gandhi are trustees of the Rajiv Gandhi Foundation.

Justice Jyoti Singh issued notice on the plea and listed the case for final hearing on August 23. 

The Court expressed its displeasure at the fact that the issuance of notice took eight hearings, as the government had sought adjournments at least four times. 

The case had first come to Court in January 2023, but 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. Adjournments were sought by the government counsel on three subsequent dates, again citing the Solicitor General’s involvement in other courts.

The reports of cancellation of the NGOs’ FCRA license first came in October 2022. According to a report in The Economic Times, the FCRA registrations of both the organizations were cancelled for alleged violation of laws. 

It was stated that the Ministry of Home Affairs (MHA) had constituted an inter-ministerial committee in July 2020 to investigate certain irregularities against the NGOs and the decision was taken after the committee gave its findings pointing out violation of many FCRA norms.

A Press Information Bureau (PIB) press release issued in December 2022 stated that the FCRA license of the Rajiv Gandhi Foundation (RGF) 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”. 

It also stated that the FCRA license of the Rajiv Gandhi Charitable Trust (RGCT) was cancelled under section 14 of the FCRA, 2010 due to violation of provisions under sections 8(1)(a), 11, 17, 18, 19 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010.

The Court then issued notices in the matter and listed the case for further consideration on August 23. As the matter was taken up for hearing, the government counsel again sought a pass over but Justice Singh said that she will notice in the matter. “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 remarked.

The Delhi High Court’s decision to issue notice to the Central government on the petitions filed by the Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust is a significant step in the process of determining the fate of the two NGOs. The Court has expressed its displeasure at the fact that the issuance of notice took eight hearings, as the government had sought adjournments at least four times. The case will be taken up for further consideration on August 23, and the outcome of the hearing will be closely watched.(alert-success)