Is the Delhi HC Ready to Review PFI's Challenge to the Ban?

Synopsis
Key Takeaways
- Delhi High Court to review PFI's ban plea.
- PFI's five-year ban upheld by UAPA Tribunal.
- Legal discussions around the scope of the PFI petition.
- Concerns raised regarding potential misuse of judicial platforms.
- Central government's stance on PFI's alleged terrorist links.
New Delhi, Oct 13 (NationPress) The Delhi High Court on Monday announced it would review the Popular Front of India's (PFI) request contesting the UAPA Tribunal's decision to maintain the five-year prohibition imposed on the group by the Central government.
Labeling the PFI's request as “maintainable,” a panel comprising Chief Justice D.K. Upadhyay and Justice Tushar Rao Gedela requested feedback from the Union Home Ministry and scheduled the case for further deliberation in January of next year.
"We affirm that this court possesses jurisdiction under Article 226 of the Constitution to entertain an appeal against a ruling from the UAPA Tribunal. Notice issued. Matter to be heard on January 20," the panel directed.
Referring to its limited authority under Articles 226 and 227 of the Constitution, an earlier panel led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, had instructed the PFI’s legal representative to clarify the petition's scope, emphasizing that it cannot act as an appellate body.
Additional Solicitor General (ASG) Chetan Sharma expressed concerns, warning against utilizing the forum for "rabble-rousing" and the request framing the ban as an "abuse of process."
The PFI challenged the UAPA tribunal's endorsement of the Central government’s ban on the organization for purported affiliations with global terrorist entities and inciting communal discord. The ban, enacted on September 27, 2022, is set for five years.
In November 2023, the Supreme Court declined to entertain the PFI’s appeal, advising it to first approach the Delhi High Court.
The PFI has been linked to banned groups like SIMI and JMB.
The Central government, leveraging its authority under the UAPA, designated the PFI and its associated entities, including the Rehab India Foundation and the Campus Front of India, as "unlawful associations." The Union Ministry of Home Affairs (MHA) highlighted in a notification that the PFI was banned due to its involvement in "subversive activities, which disrupt public order and threaten the constitutional framework of the nation while endorsing a terror-based regressive regime."