Kochi: 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 protesters cannot be seen as a diversion of foreign funds for an undesirable purpose or against public interest, tantamount to violation of any provision in the Foreign Contribution Regulation Act (FCRA).
“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 the 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, tantamount to violation of any provision in the FCRA,” it said.
