The Delhi High Court has scheduled to hear on July 14 the Central Government’s objection to the maintainability of a plea filed by the Popular Front of India (PFI). The plea challenges the order of a tribunal under the Unlawful Activities (Prevention) Act (UAPA) that confirmed a five-year ban on the organization.
The Union Home Ministry had issued a notification declaring PFI and its affiliated bodies as 'unlawful associations' under the UAPA, 1967. This ban was imposed following serious allegations of the group's involvement with terrorist activities.
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A division bench of the Delhi High Court, consisting of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, noted that the issue of maintainability required detailed consideration. The court directed Additional Solicitor General S.V. Raju, representing the Centre, to address this specific issue during the next hearing.
The court stated, “List this case on the date fixed. ASG S.V. 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.”
This case came up after the PFI filed a fresh application seeking proper adjudication of its petition. The organization highlighted that the case has been listed 14 times so far without any formal notice being issued.
PFI’s counsel argued, “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?” They emphasized the organization's right to seek judicial review of the tribunal's order.
On the other hand, ASG S.V. Raju for the Union Government opposed the issuance of notice. He argued that the petition was not maintainable because the tribunal that confirmed the ban is headed by a sitting High Court judge. Therefore, the order could not be challenged under Article 226 of the Constitution of India.
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He submitted, “Notice cannot be issued for his asking. He has to make good [his case].”
The court, however, decided not to dispose of PFI's fresh application on that day but maintained the hearing for the fixed date to consider the maintainability issue fully.
Earlier, the Popular Front of India had moved the Supreme Court challenging the ban, but the plea was dismissed with the court directing the organization to approach the High Court instead.
The ban on PFI was announced in September 2022 through a gazette notification by the Ministry of Home Affairs. The government declared PFI and its associated groups as unlawful under the UAPA, alleging their links with terrorist organizations and involvement in terror activities. This decision followed two large-scale nationwide operations involving searches, detentions, and arrests targeting PFI members.
The ban was made effective immediately and was to remain for five years as per Section 3(1) of the UAPA. Among the entities listed as affiliates were the Rehab India Foundation, Campus Front of India, All India Imams Council, National Confederation of Human Rights Organizations, National Women’s Front, Junior Front, Empower India Foundation, and the Rehab Foundation of Kerala.
In March 2023, a UAPA tribunal led by Justice Dinesh Kumar Sharma of the Delhi High Court upheld the government’s ban on PFI and its affiliates. The tribunal, chaired by a single High Court judge, was entrusted with adjudicating the validity of the government’s declaration. Justice Sharma was appointed as the presiding officer of this tribunal by the Centre in October 2022.
Title: Popular Front of India v. Union of India
