The Union home ministry’s notification banning the Popular Front of India (PFI) and its affiliates under Unlawful Activities Prevention Act (UAPA)’s Section 3 will be referred to a tribunal for adjudicating whether or not there is sufficient cause for declaring the organisation “unlawful association”, people familiar with the procedure said.
The government is mandated to send the notification to the Unlawful Activities Prevention Tribunal within 30 days under UAPA’s Section 4. The reference will have details of cases the National Investigation Agency, Enforcement Directorate, and state police forces have registered against PFI and its cadres across the country.
The ministry is also likely to submit a background note on PFI as part of the reference on how it has encouraged “disaffection and disharmony, engaged in anti-India activities.” It is also expected to provide evidence of its “international linkages, illegal activities, and instances of violation of laws”, said an official familiar, pleading anonymity.
Once the tribunal receives the reference, it will issue a show-cause notice to the PFI asking it to reply in writing about why it should not be banned. Based on submissions from both sides, the tribunal can hold an inquiry to decide whether there is sufficient evidence to declare PFI an “unlawful association”.
PFI’s legal team will be given an opportunity to present its defence before the tribunal. Its lawyers can ask for the background note, correspondence files, and any other records submitted before the tribunal, said a second official, who also requested anonymity.
{{/usCountry}}PFI’s legal team will be given an opportunity to present its defence before the tribunal. Its lawyers can ask for the background note, correspondence files, and any other records submitted before the tribunal, said a second official, who also requested anonymity.
{{/usCountry}}Central agencies and state police forces are expected to give testimonies before the tribunal, which PFI’s legal team can cross-examine.
The second official said the government can request the tribunal to keep the identity of witnesses “hidden” as well as submit certain documents in “sealed cover”. The entire exercise is supposed to be completed in six months.
The tribunal will issue an order either confirming the notification declaring the PFI as an unlawful association or cancel it based on arguments from both sides.