George Soros’s Open Society Foundation case ongoing…Civil Writ Petition 238/2020 at Delhi High Court.

Petitioner : The Petitioners are Open Society Institute, USA and its sister concerns based in the UK and USA, viz., Open Society Foundation London and Foundation to Promote Open Society.

Challenge : Legality and validity of the circulars issued by the Ministry of Home Affairs (‘MHA’) and the Reserve Bank of India (‘RBI’) dated 15th January, 2015 and 7th June, 2016 under the provisions of the Foreign Contribution (Regulation) Act, 2010 (hereinafter ‘Act’). 

Relevant portion of Circular: “3. RBI Mumbai vide their letter No. DBR.AML.No.15320/14.08.001/2015-16 dated 07.06.2016 has now advised that, under section 46 of the Foreign Contribution (Regulation) Act, 2010, Ministry of Home Affairs (MHA) Government of India has decided to add “Open Society Foundation (OSF), World Movement for Democracy (WMD) and National Endowment for Democracy (NED), United States of America” for not allowing credits, without prior approval with immediate effect. Accordingly, now any fund flow from USA based donor agency – OSF; WMD & NED, to any Person/NGO/Organization, needs to be brought to the notice of the Ministry of Home Affairs, so that the funds are allowed to be credited to the accounts of the recipient only after clearance from the Ministry of Home Affairs, Foreigner’s Division, FCRA Wing.”

First date of hearing : 10/1/2020
Next Date of Hearing : 16/5/2023