Delhi High Court Holds PFI Plea Against UAPA Ban Maintainable, Seeks Centre’s Response

The Delhi High Court on Monday (13 October) ruled that the petition filed by the Popular Front of India (PFI) challenging its proscription under the Unlawful Activities (Prevention) Act (UAPA) is maintainable.

The Court also issued a notice to the Central government, seeking its response to the plea, Bar&Bench reported.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the order while hearing the matter.

The bench’s decision paves the way for a detailed examination of PFI’s challenge to the government’s decision to outlaw the organisation.

The Union Ministry of Home Affairs had declared PFI an “unlawful association” on 28 September, 2022, under Section 3 of the UAPA, citing its alleged involvement in “unlawful activities” considered prejudicial to the integrity, sovereignty, and security of India.

The notification imposed a five-year ban on the organisation and its affiliates.

In March 2023, a UAPA Tribunal, headed by then Delhi High Court judge Justice Dinesh Kumar Sharma, upheld the government’s decision, maintaining the five-year prohibition.

The PFI subsequently approached the High Court, challenging the Tribunal’s order.

During the hearing, the Central government argued that the writ petition challenging the Tribunal’s order was not maintainable under Articles 226 and 227 of the Constitution.

However, PFI’s counsel countered that a petition against an order passed by a Tribunal under Section 4(1) of the UAPA, 1967, was indeed legally maintainable.

Taking note of the submissions, the bench directed the Centre to file its reply. The case will now proceed for further hearing after the government’s response is received.

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