The Delhi High Court on Monday issued a notice in response to a plea filed by the Popular Front of India (PFI), challenging the UAPA tribunal’s order that upheld a five-year ban on the organization. According to the Live Law report, the court has determined that the petition is maintainable under Article 226.
A division bench consisting of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela stated, “In view of the aforesaid, we hold that this court has jurisdiction to entertain and maintain a petition under Article 226 against an order of the tribunal passed under Section 4 of the Act… we thus hold the instant petition to be maintainable. Issue notice. Counter within six weeks, two weeks for rejoinder. List on January 20.”
In September 2022, the Union Ministry of Home Affairs declared the PFI and its affiliated organizations as “unlawful associations” under the Unlawful Activities (Prevention) Act, 1967. The notification cited their alleged connections to terrorist organizations and involvement in activities that threaten India’s integrity, security, and sovereignty.
The ban was implemented immediately for five years under Section 3(1) of the UAPA, following large-scale nationwide operations that resulted in the detention and arrest of multiple PFI leaders and members.
Banned affiliates of the PFI include the Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organisations (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and the Rehab Foundation, Kerala.
In March 2023, a UAPA tribunal presided over by Justice Dinesh Kumar Sharma of the Delhi High Court upheld the government’s decision to ban the PFI and its associated entities. The tribunal, established under UAPA provisions, was responsible for evaluating the legitimacy of the government’s declaration, with Justice Sharma appointed by the Centre in October 2022.
Previously, the PFI approached the Supreme Court regarding the ban; however, the Supreme Court dismissed the plea, directing the organization to escalate the matter to the High Court instead.
Tags: Delhi HC, PFI plea, UAPA ban, maintainable, legal notice
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