Delhi High Court to hear PFI's plea against ban on September 11

New Delhi: The Delhi High Court on Wednesday listed for hearing on September 11 a petition filed by the Popular Front of India (PFI) challenging an order of an Unlawful Activities (Prevention) Act (UAPA) tribunal confirming the five-year ban imposed on it by the Centre.

A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela asked the counsel for the banned organisation to give a short note to define the "contour" of jurisdiction that can be exercised by the court while examining the UAPA tribunal's order.

Additional Solicitor General Chetan Sharma said the petitioner cannot assail the UAPA tribunal's order on "merits" as it is not permissible, while asserting that the decision was taken after duly considering all the relevant material.

The petitioner's lawyer said the tribunal passed the order after considering material in a manner that was "contrary to the known tenets of law".

He also claimed that there were no "findings" with respect to the defence raised by the petitioner in the hearing.

In its petition, the PFI has challenged the March 21 order of the UAPA tribunal by which it had confirmed the September 27, 2022 decision of the Centre.

The Centre has banned the PFI for five years for its alleged links with global terrorist organisations, such as the ISIS, and trying to spread communal hatred in the country.

It has declared as "unlawful association" the PFI and its associates or affiliates or fronts, including the Rehab India Foundation (RIF), the Campus Front of India (CFI), the All India Imams Council (AIIC), the National Confederation of Human Rights Organisation (NCHRO), the National Women's Front, the Junior Front, the Empower India Foundation and the Rehab Foundation, Kerala.

The notification proscribing the organisation said the Centre is of the firm opinion that it is necessary to declare the PFI and its associates, affiliates or fronts "unlawful associations" with immediate effect under the UAPA.

It said the notification shall, subject to any order that may be issued under section 4 of the UAPA, have effect for a period of five years from the date of its publication in the official gazette.

More than 150 people allegedly linked to the PFI were detained or arrested in raids and a pan-India crackdown by law-enforcement agencies in September 2022.

The Ministry of Home Affairs (MHA) notification said some of the PFI's founding members were the leaders of the Students Islamic Movement of India (SIMI) and the organisation had linkages with the Jamaat-ul-Mujahideen Bangladesh (JMB). Both the JMB and the SIMI are proscribed organisations.

It had also said there were many instances of international linkages of the PFI with global terrorist groups, such as the Islamic State of Iraq and Syria (ISIS).