The Delhi High Court has ruled that the Popular Front of India (PFI) can challenge its five-year ban under the UAPA through a writ petition. The Centre’s objection on maintainability has been dismissed, and a government reply has been sought.
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NEW DELHI: The Delhi High Court on Monday held that the Popular Front of India (PFI) can challenge its ban under the Unlawful Activities (Prevention) Act (UAPA) through a writ petition.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela issued notice to the Central government, calling for its response to the plea filed by PFI.
Background
The controversy dates back to September 28, 2022, when the Central government declared PFI as an unlawful organization under Section 3 of the UAPA and imposed a five-year ban. The ban was imposed after the organization was accused of engaging in “unlawful activities” deemed prejudicial to India’s integrity, sovereignty, and security.
Following this, in March 2023, a UAPA Tribunal led by then Delhi High Court Justice Dinesh Kumar Sharma upheld the five-year ban. PFI subsequently approached the Delhi High Court to challenge this order.
Legal Arguments
The Centre argued that a writ petition challenging a UAPA Tribunal’s order is not maintainable under Articles 226 and 227 of the Constitution of India. Essentially, the government’s stance was that the Tribunal’s order is quasi-judicial in nature, and direct writ petitions against such orders are impermissible.
PFI, however, countered this argument, stating that a petition challenging an order passed by the Tribunal under Section 4(1) of the UAPA, 1967, is indeed maintainable before the High Court. The Court sided with PFI, dismissing the Centre’s objection on maintainability.