New Delhi [India], August 28 : The Delhi High Court on Thursday reserved its order on the maintainability of a petition filed by the banned organisation Popular Front of India (PFI), challenging the UAPA Tribunal's decision to uphold a five-year ban imposed by the Central Government.
The matter was heard by a Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela. The hearing focused on whether the High Court has jurisdiction to entertain the appeal under Articles 226 and 227 of the Constitution, or whether the challenge should be made directly to the Supreme Court under Article 136 of the Constitution.
Additional Solicitor General (ASG) S.V. Raju, representing the Union Government, strongly objected to the maintainability of the petition. He argued that since a sitting High Court judge headed the UAPA Tribunal, its decision cannot be challenged before another bench of the same court.
According to the ASG, such a challenge must be made before the Supreme Court.
"A sitting judge of the High Court has upheld the ban on the organisation. How, then, can a writ lie?" ASG Raju questioned during the proceedings. He further emphasised that the Tribunal's authority does not fall under the category of subordinate courts, thereby limiting the scope of judicial review by the High Court.
PFI's counsel, appearing in person, submitted a note of arguments and cited previous judgments to support the maintainability of the petition. Referring to a prior ruling by a Division Bench of the High Court, the counsel asserted that writ jurisdiction under Article 226 remains applicable.
"This Court has held that a writ under 226 is maintainable," the counsel argued, stressing the importance of access to justice and the need for a legal remedy.
The counsel also highlighted that the Supreme Court, while directing the petitioner to approach the High Court, did not comment on the maintainability of the plea, leaving room for independent judicial interpretation.
The Bench acknowledged that the Supreme Court had not made any definitive pronouncement on the maintainability issue and noted that the cited judgments could be considered independently. After hearing both sides, the court reserved its order on the maintainability of the petition.
"Heard orders reserved on maintainability of the petition," the Bench concluded.
The Centre had imposed a five-year ban on PFI and its affiliates in September 2022 under the Unlawful Activities (Prevention) Act (UAPA), citing alleged involvement in terrorist activities and incitement of communal hatred. The UAPA Tribunal, led by a sitting High Court judge, upheld the ban in March 2024.
The Ministry of Home Affairs declared PFI and its associated groups, including Campus Front of India, Rehab India Foundation, and National Women's Front, as "unlawful associations."
The government presented extensive evidence, including video footage and testimony from over 100 witnesses, linking PFI to proscribed organisations such as ISIS, SIMI, and Jamaat-ul-Mujahideen Bangladesh (JMB). It also alleged PFI's involvement in financing terrorism, targeted killings, and attempts to destabilise public order.
Following the ban, over 150 individuals reportedly associated with PFI were detained across the country.