PFI Ban : Centre Appoints Delhi HC Judge Justice Dinesh Kumar Sharma As Presiding Officer Of UAPA Tribunal

The Central Government has appointed Delhi High Court judge Justice Dinesh Kumar Sharma as the Presiding Officer of the Unlawful Activities (Prevention) Tribunal which will review the ban imposed on the Popular Front of India (PFI) and its affiliated organisations.

Justice Sharma was appointed as a judge of the Delhi High Court on 28th February, 2022, after being elevated from the Delhi Higher Judicial Service.

It was on September 28 that the Ministry of Home Affairs declared the PFI and its associates or affiliates or fronts as "unlawful associations" with immediate effect for a period of 5 years in exercise of the powers under Sec 3(1) of UAPA. Citing links with terrorist organizations and involvement in terror acts, the Centre proscribed PFI and its affiliates Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala.

As per Section 3 of the UAPA,  where any association has been declared unlawful, the Central Government shall, within thirty days from the date of the publication of the notification, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.

As per Section 5, the UAPA Tribunal should consist of one person and the person should be a High Court judge. On receipt of the notification, the Tribunal will call upon the affected association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful.

According to the notification Office Memorandum issued by the Ministry of Law & Justice appointing Justice Sharma, the time spent by him in performing the duties of the UAPA Tribunal will count as "actual service" within the meaning of para 11(b)(i) of Part D of the second schedule of the Constitution read with Section 2(1)(c)(i) of the High Court Judges (Salaries and Conditions of Service) Act 1954.