Centre Challenges PFI’s Plea Against Ban In Delhi HC
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Centre tells Delhi High Court that PFI’s plea against its 5-year ban is not maintainable. Says only Supreme Court can hear appeal as tribunal was headed by a sitting HC judge.
New Delhi: Today, on July 14, the Central Government has raised objections in the Delhi High Court over the Popular Front of India’s (PFI) petition challenging the five-year ban imposed on it under the Unlawful Activities (Prevention) Act (UAPA).
The Centre argued that the petition is legally not maintainable because the order was passed by a tribunal led by a sitting High Court judge.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing the matter on Monday.
The Additional Solicitor General (ASG), S V Raju, appearing for the Union Government, stated that the High Court does not have the authority to review or entertain this kind of petition under Article 226 or 227 of the Constitution.
“I have a preliminary objection on the maintainability of the writ petition. The remedy under Article 226 or 227 of the Constitution is not available. The only remedy available is under Article 136 of the Constitution,”
said ASG S V Raju while addressing the court.
He further added,
“The tribunal was manned by a sitting judge of this high court and a high court judge is not subordinate to this court. Article 227 applies to subordinate courts.”
The Popular Front of India, on the other hand, claimed that in an earlier similar case, a division bench of the Delhi High Court had addressed the issue and therefore, the current petition should also be considered maintainable.
As the legal debate over jurisdiction and constitutional provisions continued, the bench decided to defer the hearing. The matter will now be heard on August 7. Meanwhile, the court has not yet issued a formal notice in the case.
The PFI had approached the court to challenge the March 21, 2024 order passed by the UAPA Tribunal, which had upheld the Centre’s decision made on September 27, 2022, to impose a five-year ban on the organisation.
The UAPA Tribunal was constituted under the provisions of the Unlawful Activities (Prevention) Act and was presided over by a sitting judge of the High Court.
The Central Government had banned the PFI and several of its associated organisations, alleging that they had connections with global terrorist groups such as ISIS and were involved in spreading communal hatred across the country. The ban was imposed citing national security and public order concerns.
The organisations declared as “unlawful associations” by the government include the Popular Front of India (PFI) and its affiliates such as the Rehab India Foundation (RIF), the Campus Front of India (CFI), the All India Imams Council (AIIC), the National Confederation of Human Rights Organisation (NCHRO), the National Women’s Front, the Junior Front, the Empower India Foundation, and the Rehab Foundation, Kerala.
The outcome of this legal challenge will likely have wider implications not only for PFI but also for how decisions of UAPA tribunals are reviewed under constitutional law.
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