High Court sets aside cancellation of registration of Wildlife Studies Center under FCRA

BENGALURU: The Karnataka High Court has set aside orders issued by the Ministry of Home Affairs (MHA) that led to cancellation of registration of the Centre for Wildlife Studies (CWS) under the Foreign Contribution (Regulation) Act. Founded by scientist K Ullas Karanth, the Bengaluru-based CWS faced a “suspension” of its FCRA registration on March 5, 2021.

This suspension was extended and subsequently transformed into cancellation of registration on September 4, 2023, following a formal notice issued by the MHA on December 3, 2021.

CWS challenged the cancellation, arguing that it lacked justification and that Karanth, son of the late Jnanpith awardee K Shivaram Karanth, was not granted a personal audience as required under section 14(2) of the FCRA.

The MHA countered by saying personal hearings were not necessary before canceling a registration.

Justice M Nagaprasanna of the Karnataka High Court noted that while Section 14(2) allows cancellation of registration, Section 14(3) bars the entity from re-registering for three years.

“The words described in the law ‘reasonable opportunity to be heard’ cannot be limited to the issuance of a notice of show of cause, but a personal hearing on the particular facts of the case due to the particularity of the subsection (3) of Section 14 of the Act must have been granted to the petitioner,” the judge said in a recent order.

The court observed that failure to grant a personal audience to the petitioner made the order unsustainable and its unsustainability would lead to its setting aside.

“Let there be no confusion, there can always be a fusion between the hearing and the personal hearing,” the judge said.