On May 22, 2025, the Delhi High Court announced its decision to address the Central Government's objection concerning the maintainability of the Popular Front of India's (PFI) petition challenging the five-year ban imposed on it under the Unlawful Activities (Prevention) Act (UAPA). The court scheduled the hearing for July 14, 2025, to deliberate on this preliminary issue.
The PFI had filed a writ petition contesting the order of the UAPA Tribunal, which had upheld the Central Government's notification declaring the organization and its affiliates as "unlawful associations." The Ministry of Home Affairs had issued this notification in September 2022, citing the PFI's alleged involvement in activities detrimental to the integrity and sovereignty of India.
During the proceedings, the division bench, comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, acknowledged the necessity to determine the maintainability of the petition before delving into its merits. The Additional Solicitor General (ASG) S.V. Raju, representing the Union Government, argued that the petition was not maintainable under Article 226 of the Constitution. He contended that since the UAPA Tribunal is chaired by a sitting High Court judge, its decisions should not be subjected to judicial review through a writ petition.
In response, the counsel for PFI emphasized the organization's right to seek judicial review of the Tribunal's order. They highlighted that the matter had been listed 14 times without any formal notice being issued, questioning the delay in the adjudication process. The counsel asserted that the lack of notice and response from the Union Government was unjustified and sought effective adjudication of the petition.
The court, acknowledging the arguments presented, decided to list the matter on the pre-scheduled date of July 14, 2025, to specifically address the issue of maintainability. It refrained from disposing of PFI's fresh application on that day, indicating that a comprehensive examination of the preliminary objection would be undertaken during the next hearing.
Previously, the PFI had approached the Supreme Court of India challenging the ban. However, the apex court dismissed the plea, directing the organization to seek recourse through the High Court. The outcome of the upcoming hearing in the Delhi High Court will be pivotal in determining whether the PFI's challenge to the UAPA Tribunal's order will proceed to a substantive hearing or be dismissed on procedural grounds.
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