'One Line Email, Non Application Of Mind': Delhi High Court Sets Aside Centre's Decision Refusing To Renew NGO's FCRA Certificate

The Delhi High Court has set aside an order of the Union Government refusing to renew the certificate issued under the Foreign Contribution (Regulation) Act of an NGO namely Indian Social Action Forum (INSAF).

A division bench comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal observed that the renewal was rejected by the Central Government without reasons or even basic considerations.

“It was only by 'one-line e-mail' that the respondents/Union of India rejected the prayer of the petitioner for renewal of the certificate for the period from 2016-2021,” the Court said.

It further said that though the Union of India tried to justify the order by narrating the reasons in its affidavit, however, such conduct cannot be said to be germane to the cause.

Observing that the orders impugned cannot be substantiated by reasons which are narrated through an affidavit, the Court said:

“Such conduct of the respondent/Union of India reflects complete non-application of mind and can also be termed as in violation of principles of natural justice, thereby amounting to denial of opportunity.”

The Court was dealing with the NGO's plea against the Union Government's order passed on October 21, 2016. It was argued that the order impugned did not contain any reasons and the reasons were sought to be substantiated through a subsequent affidavit.

The Bench quashed the impugned communication and directed the Union of India to consider the request of the NGO for renewal of the FCRA certificate afresh.

“We expect the respondent/Union of India to deal with the request of the petitioner in light of the material to be made available by the petitioner, before it in support of the claim for grant of renewal of certificate, pursuant to the provisions of Section 16 of the Act of 2010 referred (supra) and passed appropriate order within a period of 90 days from today,” the Court said.

Title: INDIAN SOCIAL ACTION FORUM v. UNION OF INDIA

Citation: 2025 LiveLaw (Del) 894

Click here to read order