Home Ministry v. Lawyers Collective (Round II): “FCRA cancellation order malafide, bad in law” says former ASG Indira Jaising

Months after suspending the FCRA registration of Lawyers Collective, the Home Ministry has now gone ahead and cancelled the registration thereby prohibiting the NGO from receiving foreign funding..On November 29 this year, Lawyers Collective received an MHA order dated November 27 cancelling its registration to receive foreign contribution under Section 14 of the Foreign Contribution (Regulation) Act of 2010..The NGO, which is run by Senior Advocates Indira Jaising and Anand Grover, had earlier received the suspension order in June this year, for alleged violation of the provisions of Foreign Contribution Regulation Act (FCRA).The cancellation order levels similar allegations as in the suspension order. According to this report, the Ministry has alleged that there were discrepancies in foreign contributions cited by the NGO in its returns filed with the MHA..The Home Ministry has also expressed its surprise on how a senior law officer, such as an ASG can “simultaneously and for such a long period” be on the rolls of a private entity. It has alleged that same is in gross violation of the rules applicable to the law officers of the Central government.The Home Ministry apart from the cancelling the registration, has also declined the renewal of FCRA Registration for Lawyers Collective..In a statement issued today, Jaising said.“Other organization in similar circumstances particularity Greenpeace have had their registration renewed, whereas our registration has been cancelled and our renewal declined on the basis of unknown “agency and field reports” indicating clearly that we have been singled out for political reasons by the Ministry of Home Affairs.”.Jaising has demanded that the intelligence reports must be made public so the same can be challenged..The NGO is now exploring all legal options to challenge the order. Jaising said,.“The entire proceedings against Lawyers Collective under FCRA are nothing, but an attempt to discredit the long-standing credibility of the organization and that of its trustees, and a part of the larger clampdown on civil society spaces in India. LC is exploring all legal options to challenge the cancellation order and will take necessary action in an appropriate time. “.Response of Lawyers Collective to the cancellation of its FCRA license by MHA, vide its order dated November 27, 2016.Lawyers Collective has received an order dated 27th November, 2016 cancelling its registration to receive foreign contribution under Section 14, Foreign Contribution (Regulation) Act, 2010, on 29th November, 2016 at its registered office at Mumbai..The cancellation order is not only malafide but also incorrect on facts and bad in law. The allegations basically reiterate what was said in the suspension order dated 31.05.2016, with no application of mind. It was issued on a Sunday by the undersecretary to the government of India, it is not known who took the decision to cancel the registration, Other organization in similar circumstances particularity Greenpaace have had there registration renewed, whereas our registration has been cancelled and our renewal declined on the basis of unknown “agency and filed reports” indicating clearly that we have been singled out for political reasons by the Ministry of Home Affairs..LC reiterates that the current proceedings under FCRA, including the latest cancellation order, are only a continuation of the harassment and persecution of the organisation, especially of its two trustees, Ms. Indira Jaising and Mr. Anand Grover, Senior Advocates, perpetrated by the Government, over last one year. Both Ms. Jaising and Mr. Grover have been and are continuing to take up sensitive cases, in their professional capacity, against the powerful leaders of the present ruling establishment. This is an attack on the right to legal representation of persons who need legal services most and a gross abuse of powers by the government of the day. It is also a clear attack on the right of free speech and association guaranteed by the Constitution of India. .The entire proceedings against LC under FCRA are nothing, but an attempt to discredit the long-standing credibility of the organisation and that of its trustees, and a part of the larger clampdown on civil society spaces in India. LC is exploring all legal options to challenge the cancellation order and will take necessary action in an appropriate time. .LC is proud of its work done in the past on advancing women’s rights, access to medicines and rights of people living with HIV and other marginalised groups, with or without foreign contribution and will continue to do so.