Delhi High Court reserves decision on PFI's petition, challenging Centre's ban

News Topical, Digital Desk :The Delhi High Court has reserved its decision on the petition filed by the Popular Front of India, in which PFI has challenged the 5-year ban imposed by the Central Government. 

A bench of Delhi High Court Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela heard the arguments of the lawyers appearing on behalf of PFI and the Central Government. The court said that we are reserving the order on the maintainability of this petition.

PFI has challenged the order dated March 21, 2024, in which the UAPA Tribunal upheld the ban order of the Central Government dated September 27, 2022.

Central government's argument in the court 

The Additional Solicitor General appearing on behalf of the Central Government in the Delhi High Court argued that the PFI petition filed in the Delhi High Court is not admissible for hearing. Because the UAPA tribunal was headed by a sitting judge of the High Court. In such a situation, his order cannot be challenged under Article 226 of the Constitution. The central government said that Article 227 applies only to subordinate courts and not to the sitting judge of the High Court.

PFI gave this argument in the court

At the same time, PFI's lawyer said that the order of the tribunal can be challenged under Article 226, because when a High Court judge sits as a tribunal, it is not a court but an independent body. He said that the tribunal constituted under Section 5 of UAPA runs its own independent process and is not bound by the rules of the Delhi High Court. 

In the Delhi High Court, PFI also argued that the jurisdiction of the tribunal is all over India. Whereas the jurisdiction of the High Court is limited. Due to this, the tribunal cannot be considered subordinate to the High Court and judicial review is possible on its orders. 

The central government had imposed a ban of 5 years

Let us tell you that the central government had imposed a five-year ban on PFI and declared it and its affiliate organizations like Rehab India Foundation, Campus Front of India, All India Imams Council, National Confederation of Human Rights Organization, National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation as illegal organizations. 

The Center had alleged that PFI has close links with global terrorist organizations, especially ISIS, and that this organization tries to spread communal hatred in the country. It is worth noting that in the action taken across the country in September 2022, more than 150 people associated with PFI were detained.

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