'Declared Unlawful': ED Contests PFI’s Challenge to PMLA Proceedings in Delhi High Court
However, PFI argued that its plea challenging the ED summons issued to its members and General Secretary had been filed in 2021 before it was banned;
The Enforcement Directorate on Monday, August 25, 2025, opposed the Popular Front of India’s (PFI) plea challenging money laundering proceedings initiated against it.
Justice Neena Bansal Krishna directed the ED to file its written submissions within 15 days and listed the matter for hearing on November 17, 2025.
During the hearing, Special Counsel Zoheb Hossain, appearing for the ED, at the outset raised a preliminary objection, stressing that PFI is an unlawful organisation. He added that a similar matter is currently being heard by a bench presided over by Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela regarding the maintainability of PFI’s plea, since the organisation has been declared unlawful by the Central Government and the decision was upheld by the UAPA tribunal headed by a Delhi High Court judge.
“My Lords, I have a compilation showing they have been declared unlawful. Therefore, they do not have the locus to even challenge these proceedings,” he argued.
Appearing for PFI, Advocate Adit Pujari, told the court that PFI had filed the plea in 2021, when it had not been declared an unlawful organisation, adding that the plea was filed in view of various summons issued to PFI members and its General Secretary by the Enforcement Directorate.
Pujari submitted, “In this case, the allegation is that money was collected to fund terrorist activities. Thus, this collection itself constitutes proceeds of crime, and accordingly, ECIRs were registered in 2018".
Justice Neena Bansal Krishna, however, interjected, stating that the registration of an ECIR is a private, internal document meant for inquiry only. She therefore questioned PFI on what exactly it was challenging.
Responding, Hossain argued, “My learned friend is arguing on merits. He first has to cross the hurdle of maintainability. He represents an unlawful organisation. Can he even maintain this petition, and on whose behalf?”
In response, Pujari said, ”The complaint was first filed in 2018. In 2020, the Enforcement Directorate added to this ECIR two cases from Uttar Pradesh. The Hathras case. Your Ladyship may recall, this involved a victim who was raped and murdered, which led to large-scale protests. Certain members of the PFI went to Uttar Pradesh".
Pujari contended that the first ECIR filed in 2021 was treated as a “global ECIR". Multiple members of the PFI organisation were summoned to Delhi, where interrogations were conducted.
Hossain reiterated that "as of today, in a tribunal before a judge of this court, PFI has been declared an unlawful organisation. Can it then represent the collective of its members? Being unlawful, they went to the Supreme Court, which sent them back to the High Court. This petition under Section 482 is not maintainable".
On 14 July, the Delhi High Court heard the Central Government’s objections to the maintainability of the petition filed by the Popular Front of India (PFI), challenging the Unlawful Activities (Prevention) Act (UAPA) Tribunal’s decision upholding the five-year ban imposed on the organisation.
Appearing for the Centre, ASG Raju argued that the plea was not maintainable as the Tribunal’s decision was delivered by a bench headed by a High Court judge and, therefore, could not be challenged under Articles 226 or 227 of the Constitution.
On September 28, 2022, the Central Government, in exercise of its powers under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, declared the Popular Front of India (PFI) along with eight of its affiliated organisations as ‘unlawful associations'.
Case Title: POPULAR FRONT OF INDIA AND ANR. v/s ENFORCEMENT DIRECTORATE
Hearing Date: 25 August 2025
Bench: Justice Neena Bansal Krishna