Delhi High Court re-notifies PFI’s plea challenging 5-year ban to April 4

The Delhi High Court on Tuesday re-notified the plea filed by the Popular Front of India (PFI) challenging the Unlawful Activities (Prevention) Act or UAPA court order, which upheld the five-year ban imposed by the Center on the organisation. The government hearing deadline is April 4.

Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora issued the order.

During the hearing, lawyer Adit Pujari appeared on behalf of PFI and urged the judge to issue notice to the Centre. However, the centre’s barrister informed the court that she was led by Solicitor General (ASG) Chetan Sharma.

Taking those comments into consideration, the judge did not issue a notice Tuesday.

During the last hearing, the high court directed the group’s lawyers to clarify the scope of the petition, stressing that the court cannot act as an appellate authority on the issue.

The court asserted its jurisdiction under Articles 226 and 227 of the Constitution, but stressed that its role was limited and focused on aspects of natural justice and decision-making.

Additional Solicitor General Chetan Sharma objected to some of the grounds in the petition, calling for “sanitization” of the complaint and warning against using the platform for “inflammatory remarks.” Sharma expressed concerns about the petition, calling the ban an “abuse of process”, “shameful” and “tyrannical”.

The court has directed the counsel for the petitioner to file an application seeking to strike out the objectionable statements in the plaint. Sharma also noted that the petition did not clearly state how it challenged the decision-making process.

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The petitioner’s counsel informed the court that a plea against the injunction had been filed before the Supreme Court, which granted the petitioner freedom to approach the High Court. In its challenge, the PFI challenged the March 21 order of the UAPA tribunal confirming the Centre’s decision of September 27, 2022, banning the organization for allegedly having links with global terror groups including ISIS and inciting Group hatred.

In a notification, the central government declared PFI and its associated companies as “unlawful associations” for a period of five years. PFI is accused of having links with banned organizations such as SIMI and JMB.

On September 28, 2022, the central government, in exercise of the powers conferred by Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, declared the formation of eight alleged affiliated fronts by the Popular Front of India (PFI) and other organizations as “Unlawful association.”

These fronts include Rehabilitation Foundation of India (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organizations (NCHRO), National Women’s Front, Youth Front, Empower India Foundation and Rehabilitation Center Kerala Foundation were banned for five years.

In an effort to trace the history, the National Investigation Agency (NIA) and the Enforcement Directorate (ED) conducted massive operations and raids in multiple states to trace persons associated with the group.

“They have been pursuing a secret agenda to radicalize a certain segment of society, working to undermine the concept of democracy and showing complete disrespect for the country’s constitutional authority and constitutional institutions,” the ministry’s communiqué said.

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It further stated that such illegal activities by PFI are prejudicial to the integrity, sovereignty and security of the country and may disturb communal harmony.

The PFI has established links with two banned organizations: the Students Islamic Movement of India (SIMI) and the Jamaat-ul-Mujahideen Bangladesh (JMB).

In October 2022, the central government notified the appointment of Justice Dinesh Kumar Sharma as the President of the UAPA Tribunal to review the ban imposed by it.

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Justin

Justin, a prolific blog writer and tech aficionado, holds a Bachelor's degree in Computer Science. Armed with a deep understanding of the digital realm, Justin's journey unfolds through the lens of technology and creative expression.With a B.Tech in Computer Science, Justin navigates the ever-evolving landscape of coding languages and emerging technologies. His blogs seamlessly blend the technical intricacies of the digital world with a touch of creativity, offering readers a unique and insightful perspective.

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