In a significant development, the Delhi High Court has declared that it has the jurisdiction to hear the Popular Front of India’s (PFI) challenge to a tribunal’s order that confirmed the five-year ban on the organization. This decision was announced on Monday, with a bench comprising Chief Justice DK Upadhyay and Justice Tushar Rao Gedela issuing a notice to the Central government. The court has set January 20 as the next date for the hearing.
The PFI had approached the High Court challenging the UAPA tribunal’s decision, which was made after the Supreme Court suggested that the PFI should first seek recourse from the High Court. The ban itself was imposed by the Centre in September 2022, citing the PFI’s alleged involvement in Islamic radicalization and terrorist activities.
During the proceedings, the Centre, represented by Additional Solicitor General SV Raju, argued that the PFI’s petition was not maintainable. The argument was based on the fact that the UAPA tribunal was headed by a sitting judge of the Delhi High Court, implying that its orders could not be challenged under Article 226 of the Constitution. The Centre contended that the High Court lacked the authority to direct the tribunal and that the Supreme Court was the only avenue for appeal.
However, the PFI, represented by advocate Satyakam, countered that its petition under Article 226 was indeed maintainable. They cited a previous High Court verdict from October 2024, where a bench had held that judicial review under Article 226 against orders of a UAPA tribunal is permissible, particularly in cases involving national security.