Banglar Manabadhikar Suraksha Manch (Masum) v. Union Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 3.5.2018.

+ W.P.(C) 4696/2014 BANGLAR MANABADHIKAR SURAKSHA MANCH (MASUM) Petitioner Through:

Mr. Bijan Ghosh with Mr. P. Jegan and Mr. R. Deb, Advs.

> versus UNION OF INDIA Respondent Through:

Mr. Sarfaraz Ahmad, Adv.

CORAM:- HON'BLE MR. JUSTICE RAHV SHAKDHER % RAHV SHAKDHER.

J. (ORAL) 1.

This is a writ petition whereby a challenge is laid to the order dated 4.10.2013, passed by the Government of India, Ministry of Home Affairs. Since the impugned communication is brief, the relevant part is extracted hereafter:

:

"NDCC-II Building, First Floor (FCRA Wing), Opposite to Jantar Mantar Jai Singh Road, New Delhi- 110001 .

Date: 04/10/2013 To, The ChiefFunctionary Banglar Manabadhikar Suraksha Mancha 40A Barabagan Lane Serumpore Hooghly West Bengal-712203 Subject: Request for Registration under the Foreign By:AMULYA '

^S- i of ^

Contribution (regulation) Act, 2010.

Sir/Madam, Please refer to your application dated 07/04/2012 seeking grant of registration for your association under Foreign Contribution (regulation) Act, 2010.

Your request has been carefully considered by the central Government but it is regretted that the same cannot be agreed to, as it has been found that:

I. Case pending in court against General Secretary of the association.

In terms of Rule 9- (1) (c) of the Foreign Contribution (regulation) Act, 2011, you may, if you so desire, submit afresh online application complete in all respects along with all the required supporting documents only after 6 months from the date of cessation of this application. The online applications to be made on this ministry's website http://mha. nic. in/fcrawebfc_online. htm.

Yours faithfully, Sd/- .

. (GOPALJHA), Under Secretary to the Government of India '■ , : . ■ . Tel No. 23438042. ''

2.

It is contended by 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, I am told, against, one, Mr. Kirity Roy, who, I am 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 the matter in appeal. The Division Beneh vide order dated 10.3.2014, passed in FMA 1317/2010, dismissed the appeal. PS- 2 of 3

\'1 Against the order of the Division Bench, the matter has been carried to the Supreme Court. The Supreme Court in SLP No.6123/2014 has stayed the proceedings against the petitioner. It is to be noted that in these proceedings also, the petitioner before this Court is being represented by Mr. Kirity Roy. 3.

Given these circumstances, counsel for the petitioner says that in terms of the impugned communication, writ petitioner wishes to apply once again to the concerned authority to obtain registration under section 11(1) of the Foreign Contribution (Regulation) Act, 2010. 4.

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

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