Kerala HC sets aside denial of FCRA renewal of two NGOs for funding Vizhinjam protests

The Kerala High Court has set aside the Centre’s decision not to renew the FCRA certificate of two NGOs, accused by central agencies of funding agitations against the Vizhinjam sea port, saying that financial support to a protest cannot be seen as diversion of foreign funds.

The High Court said that the right to protest is guaranteed under the Constitution and therefore, financial support to protestors cannot be seen as a diversion of foreign funds for an undesirable purpose or against public interest, tantamounting to violation of any provision in the Foreign Contribution Regulation Act (FCRA).

“When the right to protest is constitutionally guaranteed, exercise of such rights cannot be labelled as an undesirable purpose or against public interest.

The term undesirable purpose in section 12(4)(a)(ii) of the FCRA cannot be interpreted to mean undesirable to the Government or undesirable to the political will.

“A peaceful protest against a project by persons who have a grievance or who apprehend injury to them, cannot be viewed as an undesirable purpose due to a political disapproval,” it said in order dated August 11.

The court also said that “executive or administrative distaste” for protests or dissents cannot convert the exercise of a constitutionally protected right into an undesirable purpose or as against public interest.

“Thus, even if it is assumed that some financial support was provided to the protestors, it cannot be treated as diversion of foreign contribution for an undesirable purpose or against public interest, tantamounting to violation of any provision in the FCRA,” it said.