Karnataka High Court sets aside cancellation of registration of Wildlife Study Centre under FCRA

View of the Karnataka High Court. Image for representation purposes | Photo credit: VS Murthy

The Karnataka High Court has set aside the orders issued by the Ministry of Home Affairs (MHA) which led to the cancellation of the registration of the Center for Wildlife Studies (CWS) under the Contributions Act foreign (regulation).

Founded by scientist K. Ullas Karanth, the Bangalore-based CWS faced suspension of its registration under the FCRA 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 late Jnanpith awardee K Shivaram Karanth, was not granted a personal hearing 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 show cause notice but to a personal hearing on the particular facts of the case due to the peculiarity of the paragraph (3) of Section 14 of the Act must have been communicated to the petitioner,” the judge said in a recent order.

The court observed that the failure to grant a personal hearing to the applicant rendered 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.