Delhi High Court Holds PFI's Plea Challenging UAPA Tribunal's Order Confirming 5-Year Ban As Maintainable, Issues Notice To Centre

The Delhi High Court on Monday (October 13) issued notice to the Central government on Popular Front of India's (PFI) plea challenging an order of an Unlawful Activities (Prevention) Act (UAPA) tribunal confirming the five-year ban imposed on it.

In doing so the court said that PFI's plea challenging order confirming ban is maintainable before the high court. 

For context, the Union Home Ministry had issue a notification designating PFI and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967.

A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela while dictating the order said:

"In view of the aforesaid we hold that this court has jurisdiction to entertain and maintain a petition under Article 226 against order of the tribunal passed under Section 4 of the Act...we thus hold the instant petition to be maintainable. Issue Notice. Counter within 6 weeks, 2 weeks for rejoinder. List on January 20". 

PFI had earlier moved the Supreme Court of India against the ban. However, the plea was dismissed and the organization was asked to move the High Court.

In September, 2022, the Ministry of Home Affairs published a gazette notification declaring the Popular Front of India (PFI) along with its various associates, affiliates, or fronts as 'unlawful associations' under the Unlawful Activities (Prevention) Act, citing their alleged connections with terrorist organisations and involvement in acts of terror.

This development came on the heels of two massive nationwide search, detain, and arrest operations against the PFI and its members.

The ban was to be effective immediately for a period of five years under Section 3(1) of the UAPA. Among the listed affiliates were the Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women's Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala.

In March, 2023, a UAPA tribunal, led by Justice Dinesh Kumar Sharma of the Delhi High Court, upheld the central government's ban on the Popular Front of India and its associated entities.

As per the provisions of the anti-terror law, the tribunal, comprising a single high court judge, was required to adjudicate the validity of the government's declaration. Justice Sharma was appointed as the presiding officer of the tribunal by the Centre in October, 2022.

Case Title: Popular Front of India v. Union of India

W.P.(C) 15810/2023 & CM APPLs. 63600/2023, 63681/2023 & 31646/2025