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The Delhi High Court has dismissed a petition by Commonwealth Human Rights Initiative (CHRI) challenging the suspension of its registration by the central government.

CHRI describes itself as a civil society organisation working with several institutions of the Central and State Governments including Human Rights Commissions, Central and State Information Commissions, law enforcement agencies and legal aid authorities, that recognise it as a "resource partner in the domains of police and prison reform and transparency in 
governance."

On September 03, 1993, it was granted a Certificate of Registration under the Foreign Contribution Regulation Act, 1976. Thereafter, on October 28, 2016, it's registration was renewed up to October 31, 2021, 
under the Foreign Contribution (Regulation) Act, 2010. 

On June 07, 2021, CHRI's FCRA Registration was suspended for 180 days under Section 13 of the FCRA, 2010 pending consideration of cancellation of CHRI's Certificate of Registration under Section 14(1)(d) of the FCRA, 2010.

The organization moved the Delhi High Court against such suspension. Dismissing the petition, the bench of Justice V Kameswar Rao said, "I do not see any reason to Interfere with the impugned order dated June 07, 2021."

The organisation had moved the High Court last year against an order passed by the Ministry of Home Affairs (MHA) suspending CHRI's certificate of registration for 180 days.

In its petition, CHRI sought quashing of the suspension order for “being patently without jurisdiction, ultra vires Section 13, FCRA, unreasonable, manifestly arbitrary, excessive and disproportionate, on the face of it being based on wholly incorrect facts and for violating basic principles of natural justice”.

While Sr. Adv. Arvind Datar argued that the suspension of CHRI's registration was disproportionate to the alleged violations of the Foreign Contribution (Regulation) Act of 2010 (FCRA) and without mentioning grounds for suspension, the Court noted that the impugned order by MHA does note the following:

1. The activities / projects for which foreign contribution has been received and utilised have not been given in the prescribed Point 3(a) in FC-4 Form in AR for the FYs 2018-2019.
2. The bank account No.6005xxxxxxxxxxxx, Bank of India, New Delhi opened on February 18, 2016, has not been intimated online to the Ministry and there is a flow of foreign contribution in this bank account. 
3. One utilisation account through which the Association has been utilizing foreign contribution has not been intimated in ARs for the FYs 2016-2017 and 2017-2018.
4. The association has refunded some foreign contributions back to the donor in FYs 2013-2014 and to 2014-2015 in violation of Section 8(1)(a) of the FCRA, 2010.

Essentially, allegations against CHRI included mixing foreign contributions with the domestic donations and non-intimation of specific accounts.

Datar argued that, “A 180-day suspension is a drastic measure that threatens the very existence of the Petitioner (CHRI), apart from causing great harm to its reputation built painstakingly over 3 decades. The consequent freezing of Petitioner's receipt and utilisation of bank accounts have severely restricted its planned programme activities,” the petition stated.

However, the Court held on this aspect that, "...there is nothing in the provision to show that 
these violations cannot be construed as reasons which weighed with the Central Government, to suspend the certificate. Surely, if the violation makes a strong prima facie case against the certificate holder, if proved, would lead to cancellation of certificate under Section 14(2), then the Central Government will be justified in 
suspending the certificate."

It reasoned, "In other words, suspension order can be passed by the Central Government considering the gravity of violations, the nature of evidence available and effect on public interest."

Inter alia, CHRI's petition also submitted that CHRI's current Executive Committee has a “galaxy of legal luminaries, former top police officials, environmental leaders” and Wajahat Habibullah, the first Chief Information Commissioner of India, is its Chairperson. The other committee members include former Supreme Court judge Justice Madan B. Lokur and former Delhi high court Chief Justice AP Shah.

In 2016, CHRI's registration under the Foreign Contribution (Regulation) Act of 2010 was renewed up to October 31, 2021.

Cause Title: Commonwealth Human Rights Initiative vs Union of India