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Centre objects to PFI’s plea against ban in Delhi high court
The Centre banned the PFI in September 2022 for five years for its alleged links with global terrorist organisations, such as ISIS, and trying to spread communal hatred in the country
New Delhi: The Centre, before Delhi high court on Monday, questioned the maintainability of Popular Front of India (PFI)’s petition against a tribunal’s order upholding the five-year ban imposed on the organisation under Unlawful Activities (Prevention) Act, asserting that the court did not have the authority to issue directions to the tribunal.
Additional solicitor general SV Raju, on behalf of the government, submitted before a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela that the UAPA tribunal was manned by a sitting judge of the Delhi high court, and thus the order could not be challenged under Article 226 of the Constitution of India.
To be sure, Article 226 of the Constitution deals with the power of high courts to issue certain writs for the enforcement of fundamental rights and for any other purpose. The law officer added that the only remedy available with the proscribed organisation was to approach the Supreme Court.
“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 additional solicitor general S V Raju.
He 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.”
PFI counsel Satyakam contended that PFI’s petition under article 226 was maintainable and cited the high court’s October, 2024 verdict in which a bench of justices Prathiba M Singh and Amit Sharma held that judicial review under Article 226 against the order of a UAPA tribunal was maintainable, only in cases involving national security.
The bench posted the matter for further hearing on August 7.
PFI and its affiliates were outlawed by the Centre in September 2022. The union home ministry, besides banning, had also designated PFI and its affiliate organisations as unlawful associations under the anti-terror law for allegedly indulging in Islamic radicalisation and terrorist activities.
The ban was confirmed by a UAPA tribunal headed by former Delhi high court judge Dinesh Kumar Sharma on March 21, 2023.
PFI approached the high court against UAPA tribunal’s order after a Supreme Court bench of justices Aniruddha Bose and Bela Trivedi dismissed its plea in November, 2023 and said it would be appropriate for PFI to first approach the high court.
The court is yet to issue formal notice in the matter.
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.
