Delhi High Court Reserves Order On Maintainability Of PFI’s Plea Against Ban

Delhi High Court

The Delhi High Court on Thursday reserved its order on the maintainability of a petition filed by the Popular Front of India challenging the Centre’s 5-year ban on the organisation.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard arguments from both the PFI and the Union government before reserving its decision.

PFI’s Challenge To Tribunal Order

The PFI has questioned the March 21, 2024 ruling of the UAPA tribunal, which upheld the Centre’s September 27, 2022 notification banning the outfit.

Appearing for the organisation, counsel argued that a writ petition under Article 226 of the Constitution is maintainable against the tribunal’s order, even though it was presided over by a sitting High Court judge.

“The tribunal is a separate statutory entity under Section 5 of the UAPA. While it exercises judicial powers, it functions outside the Delhi High Court’s rules and procedures, with its own funding and jurisdiction. Thus, when a High Court judge acts as the tribunal, he is acting in that capacity alone, not as a judge of the High Court,” the counsel submitted.

He further pointed out that the tribunal conducts hearings across India, unlike the High Court, which has a defined territorial jurisdiction. Therefore, he contended, its orders fall within the High Court’s writ jurisdiction.

Centre’s Objection On Maintainability

The Union government, represented by the Additional Solicitor General, opposed the petition. The Centre argued that since the tribunal was headed by a sitting judge of the High Court, its decisions could not be challenged before the High Court itself.

“The tribunal was manned by a sitting judge of this High Court. A High Court judge is not subordinate to this court. Article 227 applies only to subordinate courts,” the ASG submitted, urging the court to dismiss the plea at the threshold.

Background Of The Ban

The centre imposed a 5-year ban on PFI in September 2022, citing its alleged involvement in terror-linked activities and attempts to spread communal disharmony.

The notification also declared PFI’s affiliates and fronts — including the Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and the Rehab Foundation, Kerala — as “unlawful associations.”

The crackdown followed nationwide raids in which over 150 individuals linked to the group were arrested or detained.