Popular Front Of India Moves Delhi High Court Against Central Govt's Ban Under UAPA

The Popular Front of India (PFI) on Friday approached the Delhi High Court against Union Home Ministry's notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967.

The matter was heard today by a division bench of Acting Chief Justice Mannohan and Justice Mini Pushkarna who listed it for hearing on January 08.

During the hearing, ASG Chetan Sharma appearing for the Union Government objected to the sentences in some of the paragraphs, including grounds of challenge, mentioned in the plea. 

The sentences contained words like “the notification is an abuse of process”, “unlawfully suppress civil human rights” etc.

“We need to get the pleadings in order first….Let him (PFI's counsel) atleast sanitise the pleadings,” ASG Sharma said.

On the other hand, Advocate Adit S. Pujari appearing for PFI submitted that the sentences in the plea are based on the statements of witnesses who appeared before the tribunal.

ASG Sharma said that the pleadings do not mention anything which shows as to how the decision making has been challenged.

“This is an assault on the quantum and quality of evidence and how the evidence should have been,” Sharma added.

The court asked Pujari to file an application for amendment of pleadings and adjourned the matter.

PFI had earlier moved the Supreme Court of India against the ban. However, the plea was dismissed and the organization was asked to move the High Court.

In September last year, the Ministry of Home Affairs published a gazette notification declaring the Popular Front of India (PFI) along with its various associates, affiliates, or fronts as 'unlawful associations' under the Unlawful Activities (Prevention) Act, citing their alleged connections with terrorist organisations and involvement in acts of terror. 

This development came on the heels of two massive nationwide search, detain, and arrest operations against the PFI and its members. 

The ban was to be effective immediately for a period of five years under Section 3(1) of the UAPA. Among the listed affiliates were the 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.

In March this year, a UAPA tribunal, led by Justice Dinesh Kumar Sharma of the Delhi High Court, upheld the central government's ban on the Popular Front of India and its associated entities. 

As per the provisions of the anti-terror law, the tribunal, comprising a single high court judge, was required to adjudicate the validity of the government's declaration. Justice Sharma was appointed as the presiding officer of the tribunal by the Centre in October 2022.

Title: Popular Front of India v. Union of India