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Supreme Court Upholds Madras High Court Order for NGO’s FCRA Renewal

The court found the government showed no proof of misuse, reinforcing a high court decision to restore the group’s registration.

Overview

  • The Supreme Court dismissed the Union government’s appeal against the June Madras High Court ruling directing renewal of the NGO’s FCRA registration.
  • Justices Vikram Nath and Sandeep Mehta questioned the basis for refusal, noting no finding of misappropriation, and told the government not to harass the organisation.
  • The Madras High Court had examined sealed-cover material, found no instance of diversion or abuse of funds, and ordered renewal under Section 16 within four weeks.
  • The Centre cited alleged violations of Section 7 over inter‑NGO transfers, which the respondents argued were not barred before the 2020 amendment requiring prior permission.
  • The case concerns the Ellen Sharma Memorial Trust and a sister NGO, whose registrations last renewed in 2016 were refused in December 2021 despite renewal applications filed in February 2021.