Delhi High Court To Decide Centre's Objection To Maintainability Of PFI's Plea Against Ban Under UAPA On July 14

The Delhi High Court on Thursday said that it will decide on July 14 Central Government's objection to the maintainability of a plea filed by Popular Front of India (PFI) challenging an order of an Unlawful Activities (Prevention) Act (UAPA) tribunal confirming the five-year ban imposed on it.

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 comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela said that the issue raised in the matter needs determination and asked ASG SV Raju representing the Centre to address on the issue of maintainability on the next date of hearing.

“List this case on the date fixed. ASG SV Raju has raised the issue relating to the maintainability of the writ petition. On the next date of hearing, the issue regarding the maintainability will be taken up and decided,” the Court said.

The matter was listed today after a fresh application was filed by PFI seeking effective adjudication of the petition, citing that the same has been listed 14 times but no formal notice has been issued yet.

The counsel for PFI submitted that the organization has a right to seek judicial review of the Tribunal's order.

“The matter has been listed 14 times. Not even formal notice has been issued…. Reply should be filed. Notice should be issued. What is so special about this case?,” the counsel said.

ASG SV Raju appeared for the Union Government and objected to issuance of notice, saying that the petition is not maintainable as the Tribunal is headed by a sitting High Court judge and thus, the order cannot be challenged under Article 226 of Constitution of India.

“Notice cannot be issued for his asking. He has to make good [his case]…,” he said.

The Court then said that the matter be listed on the date already fixed, on which date the issue of maintainability will be considered. The Court did not dispose of PFI's fresh application today.

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.

Title: Popular Front of India v. Union of India