Synopsis

The petitioner, a trust, applied for registration under the Foreign Contribution (Regulation) Act, 2010 (FCRA) to receive foreign contributions. The Ministry of Home Affairs rejected the application by a cryptic order stating “The application is refused u/s 12(4)(vi) of FCRA 2010” without any further explanation or reasoning. The petitioner challenged the order on two grounds: (i) no hearing opportunity was given; (ii) no reasons were recorded. The Bombay High Court held that under Section 12(5) of the FCRA Act, it is mandatory for the Central Government to record reasons in its order when refusing registration, and to furnish a copy to the applicant. The proviso to Section 12(5) (exempting communication of reasons under RTI) was not applicable on the facts. The court quashed the order and remanded the matter for fresh consideration after giving a hearing opportunity, with a time limit of four months.

Court: High Court of Judicature at Bombay, Circuit Bench at Kolhapur

Coram: Hon’ble Mr. Justice Madhav J. Jamdar and Hon’ble Mr. Justice Pravin S. Patil (Division Bench)

Date of Judgment: 5th May, 2026

Citation: Writ Petition No. 11504 of 2025 (unreported)

Core Law: Foreign Contribution (Regulation) Act, 2010 – Section 12 (grant of certificate of registration), Section 12(5) (duty to record reasons for refusal); Right to Information Act, 2005

1. Heading of the judgment

High court of judicature at bombay circuit bench at kolhapur

Writ petition no. 11504 of 2025

Prabha heera pratishthan thr. chief functionary/chief secretary dimple rajkumar ghadage (petitioner) vs. Government of india thr. ministry of home affairs, thr. under secretary, foreigners division (respondent)

Coram: hon’ble mr. justice madhav j. jamdar and hon’ble mr. justice pravin s. patil

Date of judgment: 5th may, 2026

2. Legal framework

Major laws and provisions involved:

Foreign contribution (regulation) act, 2010 – section 12 (grant of certificate of registration), particularly sub-section (4) (conditions for eligibility), sub-section (5) (duty to record reasons for refusal, proviso regarding RTI exemption)

Right to information act, 2005 – reference in the proviso to section 12(5) of FCRA

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