Delhi HC reserves order on maintainability of PFI's plea against ban

New Delhi, Aug 28 (PTI) The Delhi High Court on Thursday reserved its order on the maintainability of Popular Front of India's petition against the upholding the five-year ban imposed on it by the Centre.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the submissions of the counsel for Popular Front of India (PFI) and the government and said, "We are reserving order on the maintainability of the petition." The PFI challenged the March 21, 2024 order of the Unlawful Activities (Prevention) Act tribunal confirming the September 27, 2022 decision of the Centre's ban.

The Centre has objected to the maintainability of the petition saying it was not maintainable as the UAPA tribunal was headed by a sitting high court judge and therefore the order couldn't be challenged under Article 226 of Constitution of India.

The additional solicitor general representing the Centre 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".

During the hearing, the counsel for PFI submitted that the writ petition under Article 226 of the Constitution is maintainable against the order of UAPA tribunal comprising a sitting high court judge.

"There is a provision to the expenses under the UAPA so the high court's funds do not go to the tribunal. A separate expense has to be provided to the tribunal. The tribunal is able to regulate its own procedure, so the Delhi High Court Rules do not apply to the tribunal," the counsel said.

He added, "The powers of the tribunal are also specifically provided under the various provisions of the UAPA law." The PFI argued when the high court judge was acting as a tribunal, he was the tribunal and not a high court judge.

"Thus, the orders passed by the tribunal are amenable to the jurisdiction of this court. This PFI tribunal travels all over India. The court would not travel and go to different jurisdictions. This court has limited jurisdiction. The tribunal does not have jurisdictional confines," the PFI counsel said.

The tribunal was stated to be a separate entity, constituted under Section 5 of UAPA, 1967.

"It does exercise judicial power but merely because it exercises judicial power, it does not not mean jurisdiction under Article 226 of the Constitution is not available to this court," PFI's counsel added.

The Centre banned the PFI for five years for its alleged links with global terrorist organisations, such as ISIS, and trying to spread communal hatred in the country.

The Centre has declared as "unlawful association" the PFI and its associates or affiliates or fronts, including 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 notification proscribing the organisation said the Centre is of the firm opinion that it is necessary to declare the PFI and its associates, affiliates or fronts "unlawful associations" with immediate effect under the UAPA.

More than 150 people allegedly linked to the PFI were detained or arrested in raids and a pan-India crackdown by law-enforcement agencies in September 2022. PTI SKV SKV AMK AMK