Delhi High Court to Hear PFI’s Plea against Five Year Ban on Sept 11

The Delhi High Court has scheduled for hearing on September 11 a petition filed by the Popular Front of India (PFI) challenging an order from a tribunal under the Unlawful Activities (Prevention) Act (UAPA) that confirmed the five-year ban imposed on the organization by the Central Government.

A bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the counsel for the banned organization to submit a brief note outlining the “contour” of the court’s jurisdiction when reviewing the UAPA tribunal’s order.

Additional Solicitor General Chetan Sharma argued that the petitioner cannot challenge the UAPA tribunal’s order on its “merits,” as it is not allowed, emphasizing that the decision was made after thoroughly considering all relevant material.

The petitioner’s lawyer contended that the tribunal’s order was passed after evaluating the material in a manner that was “contrary to established legal principles.” He also claimed that the tribunal failed to address the “findings” related to the defense raised by the petitioner during the hearing.

In its petition, the PFI has challenged the March 21 order of the UAPA tribunal, which had upheld the Central Government’s September 27, 2022 decision. The Centre had imposed a five-year ban on the PFI, citing its alleged links to global terrorist organizations like ISIS and its involvement in spreading communal hatred within the country.

The PFI and its associates or affiliates, including the Rehab India Foundation (RIF), the Campus Front of India (CFI), the All India Imams Council (AIIC), the National Confederation of Human Rights Organisation (NCHRO), the National Women’s Front, the Junior Front, the Empower India Foundation, and the Rehab Foundation, Kerala, were all declared “unlawful associations” under the UAPA.

The notification issued by the Ministry of Home Affairs (MHA) stated that the ban on the PFI and its associates would be in effect for five years from the date of its publication in the official gazette, subject to any orders under section 4 of the UAPA.

In September 2022, more than 150 individuals allegedly associated with the PFI were detained or arrested in nationwide raids conducted by law enforcement agencies. The MHA’s notification highlighted that some of the PFI’s founding members were former leaders of the Students Islamic Movement of India (SIMI) and that the organization had connections with the Jamaat-ul-Mujahideen Bangladesh (JMB), both of which are proscribed organizations. The notification also pointed to multiple instances of the PFI’s international connections with global terrorist groups, including the Islamic State of Iraq and Syria (ISIS).