Banglar Manabadhikar Suraksha Manch v. Union of India

1. This is a writ petition whereby a challenge is laid to the order dated 4.10.2013, passed by the Government ofIndia, Ministry ofHome Affairs. Since the impugned communication is brief, the relevant part is extracted hereafter:: "NDCC-IIBuilding, FirstFloor(FCRA Wing), Opposite to Jantar Mantar JaiSingh Road, New Delhi- 110001. Date: 04/10/2013 To, The ChiefFunctionary Banglar ManabadhikarSuraksha Mancha 40A Barabagan Lane Serumpore Hooghly WestBengal-712203 Subject: Request for Registration under the Foreign W.p. (C)4696/2014 ' ^S- i of^ 2018:DHC:9010 Contribution(regulation)Act, 2010. Sir/Madam, Please refer to your application dated 07/04/2012 seeking grant ofregistrationfor your association under Foreign Contribution(regulation)Act,2010. Yourrequesthas been carefullyconsidered by the central Government but it is regretted that the same cannot be agreed to, as ithas beenfound that:

I. Casepending in courtagainst GeneralSecretary ofthe association.

In terms ofRule 9-(1)(c) ofthe Foreign Contribution (regulation)Act, 2011, you may,ifyou so desire, submit afresh online application complete in all respects along with all the required supporting documents only after 6 monthsfrom the date ofcessation ofthis application. The online applications to be made on this ministry's website http://mha.nic.in/fcrawebfc_online.htm. Yoursfaithfully, Sd/-.. (GOPALJHA), UnderSecretary to the GovernmentofIndia '■,:. ■. TelNo. 23438042. ''

2. It is contendedby Mr. Ghosh, who appears for the petitioner, that FIR No.134/2008, dated 9.6.2008, had been registered at Taltola Police Station, Kolkata. This FIR was lodged,Iam told, against, one, Mr. Kirity Roy, who, Iam told, is the General Secretary of the petitioner organisation. Against the said FIR, a petition under Article 226 of the Constitution was filed, whieh was dismissed by the learned Single Judge,of the Calcutta High Court. The petitioner carried thematter inappeal. TheDivisionBeneh vide order dated 10.3.2014, passed in FMA 1317/2010, dismissed the appeal. W.p.(C) 4696/2014 PS- 2 of[3] \'1 Againstthe order ofthe Division Bench,the matter has been carried to the Supreme Court. The Supreme Court in SLP No.6123/2014 has stayed the proceedings againstthe petitioner. Itisto be noted thatintheseproceedings also,the petitioner beforethis Courtis beingrepresented by Mr.Kirity Roy.

3. Given these circumstances, counsel for the petitioner says that in terms ofthe impugned communication,writ petitioner wishes to apply once again tothe concerned authorityto obtain registration undersection 11(1)of the Foreign Contribution(Regulation)Act,2010.

4. Accordingly,writ petition is disposed ofwith a direction giving leave to the writ petitioner to apply afresh for registration under the provisions of the Foreign Contribution(Regulation)Act,2010to the concerned authority.^ Ifsuch an application is filed, the concerned authority will dispose ofthe said application by a speaking order within six weeks from the date ofthe receipt ofthat application.

5. In case, the writ petitioner is aggrieved by the decision taken by the concerned authority, it will have liberty to assail the said decision in a manner known to law. ■ -/ " 11 \ tl / A ( WI 4 tl RAJIV SHAKDHER,J