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2026 DAILYLAW 17872 (DEL)

UNION OF INDIA v. SANJIVINI SOCIETY FOR MENTAL HEALTH THROUGH ITS DIRECTOR

LPA/656/2026 · 2026-09-14

Tejas Karia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010391942026 + LPA 656/2026 & CM APPLs. 56480-83/2026 UNION OF INDIA .....Appellant Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Singh, G.P. with Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Advs. versus SANJIVINI SOCIETY FOR MENTAL HEALTH THROUGH ITS DIRECTOR .....Respondents Through: Mr. Ajay Vohra, Sr. Adv. with Mr. Vinay Vaish, Mr. K. Prakash, Ms. Riya Mittal, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 14.09.2026 The matter is taken up today as 11.09.2026 was declared holiday on account of the BRICS Summit, vide Notification No. 86/G-4/Genl.-I/DHC dated 08.09.2026. 1. Heard learned counsel representing the parties. 2. This intra-court appeal seeks to take exception to an order dated 28.04.2026 passed by the learned Single Judge in W.P.(C)5783/2026 instituted by the respondent challenging the order dated 24.02.2026 passed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:48:52 by the appellant, whereby the FCRA registration of the respondent granted under the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as “the Act, 2010”) has been cancelled. 3. The learned Single Judge, while passing the impugned order, has only stayed the order of cancellation of registration dated 24.02.2026. 4. It has been argued on behalf of the appellant that the learned Single Judge has expressed an opinion without there being such a material before him that the registration certificate has been cancelled by the Authority concerned though, the issue as to whether the respondent was engaged in any reasonable activity for exclusive purpose, should have been dealt in greater detail. 5. It is further the submission of Mr. Rohan Jaitley, learned Central Government Standing Counsel that in fact Section 14 of the Act, 2010 permits the Central Government to cancel the certificate in certain conditions and condition (e) mentioned therein empowers the government to cancel the certificate, if the holder of the certificate has not been found to be engaged in any reasonable activity for its chosen field for two consecutive years or has become defunct. He has stated the Section 14(1)(e) has to be read in conjunction with Section 12(4)(b) and (c) of the Act, 2010 and, therefore, for the purpose of arriving at a conclusion as to whether a particular certificate holder has or has not been engaged in any reasonable activity in its chosen field, the Authority concerned is expected to consider the provision of Section 12(4)(b) and (c) of the Act, 2010. 6. The submission is that the chosen activity has to be in relation to the funds for which the foreign contribution is proposed to be utilised and admittedly, since in the instant case, the foreign contributions claimed by the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:48:52 respondent were neither received nor utilised for any such activity and accordingly, the society, for the purposes of Section 14(1)(e) of the Act, 2010 had become non-functional. 7. We would have appreciated the said arguments had the writ petition was being finally decided. However, since the order dated 28.04.2026 is interlocutory in nature, we dispose of this appeal with the request to the learned Single Judge to expedite the proceedings of this writ petition and conclude the same as early as possible. 8. We have been informed that the pleadings in the writ petition before the learned Single Judge are complete and the matter is next listed on 16.09.2026. Accordingly, it is expected that the parties shall make all endeavours to get the said writ petition be decided, as already observed above, as expeditiously as possible. 9. Learned counsel for the respondent has stated that in terms of the statutory requirement, any certificate holder has to make an application seeking renewal of the certificate at least 06 months prior to the date of expiry of the earlier certificate, which period is yet to come to an end in December. He has further stated that the appellant is not permitting the respondent to make the said application seeking renewal of the certificate for the reason that the portal meant for the said purpose is not accepting the application. 10. For the said purpose, if any application is made by the respondent, the same shall also be decided by the learned Single Judge with expedition. 11. The present appeal along with pending applications stands disposed of in the aforesaid terms. 12. It will be open to the parties to apprise the learned Single Judge of this This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:48:52 order. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J SEPTEMBER 14, 2026 j This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:48:52