Page No.# 1/3 vs The Union Of India And 4 Ors
2022 Latest Caselaw 2616 Gua

                                                                     Page No.# 1/3

GAHC010050482021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/1866/2021

         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 13 th 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. 566/2021. The learned counsel further pointed out that the Hon'ble Apex Court vide judgment and order dated 08.04.2022 has been pleased to declare Sections 7, 12(1A), 12A and 17(1) of the Foreign Contribution (Regulation) Amendment Act, 2020 as ultra vires the Constitution of India.

Learned counsel for the petitioners upon instructions submits that in view of the aforesaid development, the petitioners herein do not press this petition.

The writ petition is dismissed as withdrawn. No costs.

               JUDGE                             CHIEF JUSTICE
Comparing Assistant