E-Paper
Claims of political motives behind PFI ban baseless: Tribunal
The tribunal noted there was no substantive material to show that the ban was imposed to target a particular community
A tribunal constituted under the Unlawful Activities Prevention Act (UAPA) rejected the argument that Popular Front of India (PFI) and its seven affiliates were banned for political gains with an ulterior motive, saying it did not have any basis or substance while upholding the ban last week.
It noted there was no substantive material to show that the ban was imposed to target a particular community. “The tribunal has also examined the notification and the entire material on the record with a very objective view and has not found anything on the record which would suggest that the notification and the action on the part of the government are aimed against the particular community,” said the tribunal in its March 21 order.
The Union ministry of home affairs (MHA) on Monday published the order through a gazette notification. Justice Dinesh Kumar Sharma of the Delhi high court led the tribunal.
The tribunal said MHA’s deputy secretary Dharmender Kumar appeared as a government witness and deposed that the ban was imposed on September 27, 2022, based on information and material received from central and state investigation agencies regarding the unlawful activities of PFI and its associates or fronts.
Kumar told the tribunal that the organisations operated secretly and were attempting to cover up their illegal activities by putting forward a false picture of being law-abiding.
A note in this regard was prepared and sent for the consideration of the Union Cabinet, which approved the proposal at its meeting on September 25, 2022, to ban the outfit. “Preparation of the Cabinet note started 15 days prior to September 25, 2022,” the order noted, referring to Kumar’s cross-examination.
The PFI was banned days after the National Investigation Agency and the Enforcement Directorate led raids across the country.
Advocate Ashok Agrwaal, who appeared for PFI’s office bearers, argued the organisation was banned because of political reasons and to target the Muslim community. The tribunal junked the charge.
“Ashok Agrwaal submitted that the primary factor for the Central government to impose the ban upon the PFI was the upcoming elections in the states such as Karnataka and the general election in the year 2024. He submitted that the BJP [Bharatiya Janata Party] as a party is hostile to any association or organization that claims to speak on behalf of Muslims in India,” the tribunal’s order noted.
“He [Agrwaal] submitted that ever since the BJP came to power in the Centre, a regime of terror and intimidation has been unleashed on the Muslims with incidents taking place frequently. Law Enforcement Agencies are not responsive to the complaints by the Muslim community which is subjected to abuse. He submitted that the PFI has been struggling to help the members of the Muslim community which is intolerable to the majoritarian regime.”
The government submitted “confidential documents” in five sealed covers as well as Union home secretary Ajay Kumar Bhalla’s affidavit claiming privilege under the UAPA for not sharing documents related to the ban with the PFI or a third party.
The tribunal rejected PFI’s plea to disallow the claim of privilege based on intelligence inputs citing Bhalla’s affidavit.
The affidavit said these documents have been carefully perused and considered and the central government was of the view that they cannot be disclosed in the public interest.
“...Bhalla further deposed that this privilege is claimed not only for the information collected, gathered or processed, but also further for the manner and method of collecting such information. It was also deposed that considering the sensitive nature of the said document, the secrecy of the said documents is required to be maintained in the interest of maintenance of security and public order in the State,” the tribunal order noted.
The tribunal lauded the evidence present against the PFI. “The documents placed on record by the union of India reveal the clandestine operations being taken up by these banned organizations, which are certainly detrimental to the sovereignty and integrity of the country.”
The tribunal called the evidence impeccable. “...the scale of the preponderance of probability the evidence being produced by Union of India is irrefutable and having more weight as compared to the banned organizations who have only deposed about their stated objectives in the public domain and malice of the central government without any basis.”
The government examined around 97 witnesses and also presented evidence in at least 71 cases against the PFI.
