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Kerala HC sets aside denial of FCRA renewal of 2 NGOs for 'funding' Vizhinjam protests
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"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.
It further said that characterisation of a purpose as 'undesirable' has to be rooted in a legal prohibition or a public injury.
The court also noted that there was no financial trail between the petitioner NGOs and any of the protestors directly.
Irrelevant considerations have been made the basis for rejecting renewal of FCRA status after ignoring the relevant considerations," the court said.