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Popular Front of India has approached the high court challenging the Central Government’s decision to impose a 5-year ban on it and its eight affiliated fronts.
The Delhi High Court, on Wednesday, adjourned the appeal filed by the Popular Front of India (PFI) challenging the judgment of the Unlawful Activities (Prevention) Act (UAPA) Tribunal (Tribunal). The Tribunal upheld the Union’s decision banning the organization for 5 years, due to its alleged connections with global terrorist organizations and its attempts to incite communal discord in the country.
The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the PFI to provide a brief note outlining the jurisdictional scope that the court could exercise in reviewing the tribunal's order.
Additional Solicitor General Chetan Sharma, representing the state, argued that PFI could not challenge the tribunal's order on its ‘merits’. Previously, ASG Sharma objected to certain aspects of a petition, emphasizing the need for 'sanitization' of the pleadings and warning against using the platform for inflammatory rhetoric.
The PFI, represented by Advocate Adit Pujari, contended that the tribunal's decision was made in a manner ‘contrary to the known tenets of law’ and lacked any ‘findings regarding the submission’ of PFI.
However, the Supreme Court, in an order dated August 13, clarified that the PFI is not classified as a terrorist organization under the UAPA. The bench of Justice Abhay S Oka and Justice AG Masih while granting bail to Jalaluddin Khan, made the aforementioned observations. The court also noted that the trial and appellate courts failed to objectively assess the evidence, possibly due to a focus on PFI's activities.
Background:
On September 28, 2022, the Union invoked the UAPA to declare the PFI and eight related organizations as unlawful associations, banning them for five years. The PFI was also linked to banned organizations such as the Students Islamic Movement of India (SIMI) and Jamat-ul-Mujahideen Bangladesh (JMB), posing a threat to national security and communal harmony.
The decision followed extensive operations by the National Investigation Agency and Enforcement Directorate across several states to apprehend individuals associated with the PFI. The Ministry of Home Affairs, in its Gazette notification, accused the PFI of pursuing a secret agenda to radicalize a section of society, undermining democracy, and disrespecting constitutional authority.
Case Title: PFI v Union
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