Delhi HC and PFI 
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Delhi High Court rules PFI's challenge to ban under UAPA is maintainable

In September 2022, the government had branded PFI an unlawful association under the UAPA, and the decision was upheld by a UAPA Tribunal.

Prashant Jha

The Delhi High Court on Monday held that plea filed by the Popular Front of India (PFI) challenging its ban under the Unlawful Activities Prevention Act (UAPA) is maintainable.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela called for a response from the Central government to the plea.

Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela

The Central government had, on September 28, 2022, declared PFI as unlawful under Section 3 of the UAPA and imposed a ban on it for five years. The organisation was accused of indulging in 'unlawful activities' which are prejudicial to the integrity, sovereignty and security of the country.

Subsequently, in March 2023, a UAPA Tribunal presided by then Delhi High Court Justice Dinesh Kumar Sharma upheld the five-year ban. PFI moved the Delhi High Court against this order.

The Centre had argued that the writ petition challenging an order of the UAPA Tribunal upholding the ban on the outfit is not maintainable under Articles 226 and 227 of the Constitution of India.

However, the PFI counsel had stated that a petition challenging an order passed by the Tribunal under Section 4(1) of UAPA, 1967 is maintainable.

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