Mr. S.S. Padhy vs Union Of India And Another ... Opposite ...
2023 Latest Caselaw 15610 Ori

Orissa High Court

Mr. S.S. Padhy vs Union Of India And Another ... Opposite ... on 5 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                    W.P.(C) Nos. 34121, 34117, 34119, 34122, 34123 and
                                   34127 of 2020

            W.P.(C) No.34121 of 2020                      ...           Petitioner
            Indira Social Welfare Organization
            (ISWO)
            W.P.(C) No.34117 of 2020
            Social Welfare Agency and Training            ...           Petitioner
            Institute (SWATI)
            W.P.(C) No.34119 of 2020
            Institute of Womens Development (IWD)         ...           Petitioner
            W.P.(C) No.34122 of 2020
            National Alliance of Women (NAWO)             ...           Petitioner
            W.P.(C) No.34123 of 2020
            AAINA                                         ...           Petitioner
            W.P.(C) No.34127 of 2020
            Sikshasandhan                                 ...          Petitioner
                                                      Mr. S.S. Padhy, Advocate
                                          -versus-
            Union of India and Another                    ... Opposite Parties
                                      Mr. P.K. Parhi, Deputy Solicitor General
                            Mr. D.R. Bhokta, CGC (in WPC No.34121/2020)
                            Ms. Babita Sahoo, CGC (in WPC No.34117/2020)
                             Mr. B.K. Pardhi, CGC (in WPC No.34119/2020)
                Mr. Sanjib Swain, Sr. Panel Counsel (in WPC No.34122/2020)
                     Mr. Gyanaloka Mohanty, CGC (in WPC No.34123/2020)
                                 Mr. B. Dash, CGC (in WPC No.34127/2020)
            CORAM:
            ACTING CHIEF JUSTICE DR. B.R. SARANGI
            MR. JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 05.12.2023

05. 1. Heard Mr. S.S. Padhy, learned counsel appearing for the petitioner in all the cases, Mr. P.K. Parhi, learned Deputy Solicitor

General along with Mr. D.R. Bhokta, learned CGC, Mr. Sanjib Swain, learned Sr. Panel Counsel, Mr. B.K. Pardhi, learned CGC, Mr. Gyanaloka Mohanty, learned CGC and Mr. B. Dash, learned CGC appearing for the Union of India-respective opposite parties.

2. The petitioners have filed the present writ petitions challenging the validity of the provisions under Section 3 of the Foreign Contribution (Regulation) Amendment Act, 2020 (Act No.33 of 2020) which had come into force on 28.09.2020 and to declare the same as ultra vires to the provisions of the Constitution of India.

3. Learned counsel for the parties brought to the notice of this Court that the question has already been answered by the apex Court in Writ Petition (Civil) No.566 of 2021 (Noel Harper and Others v. Union of India and Another) and two other connected matters i.e. Writ Petition (Civil) No.634 of 2021 and Writ Petition (Civil) No.751 of 2021 declaring the amended provision vide the 2020 Act, namely, Sections 7, 12(1A), 12A and 17 of the 2010 Act are intra vires the Constitution and the Principal Act, for the reasons noted therein.

4. Thereby, learned counsel for the parties state that since the same question has been raised in the present case, the matter should be disposed of in terms of the judgment of the apex Court in Noel Harper (supra).

5. Having heard learned counsel for the parties and perused the materials available on record, this Court is of the view that since the issue involved in the present cases has already been decided by

the apex Court in Noel Harper (supra), the present petitions stand disposed of in terms of that judgment.

6. An urgent certified copy of this order be issued as per rules.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE SK Jena/Secy.

Location: High Court of Orissa, Cuttack.