The Union Home Ministry on September 28, 2022 declared the Popular Front of India (PFI) and its front organisations, including its student wing, the Campus Front of India (CFI), an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA).
Key points
- PFI has been banned for 5 years along with eight associates or front organisations.
- The Ministry issued another order empowering the States to notify places associated with the PFI and its front organisations where unlawful activity was taking place.
- The District Magistrates will make a list of immoveable properties of the organisation and make an order that no person who, at the date of the notification, was not a resident in the notified place shall, without the permission of the District Magistrate, enter, or be on or in, the notified place.
Tribunal under High Court
- The UAPA provides for a tribunal under a High Court judge to be constituted by the government for its bans to have long-term legal sanctity.
- Orders to declare an organisation as unlawful, are issued by the Centre under Section 3 of the UAPA. The provision says that no such notification shall have effect until the tribunal has, by an order made under Section 4, confirmed the declaration made therein and the order is published in the Official Gazette.
- It means, the government order would not come into effect until the tribunal has confirmed it. However, in exceptional circumstances, the notification can come into effect immediately once the reasons for it are recording in writing. The tribunal can endorse or reject it.
- According to Section 4 of the UAPA, after the Centre declares an organisation “unlawful”, its notification must reach the tribunal within 30 days to adjudicate whether or not there is sufficient cause for the move.
- The tribunal holds an inquiry and decides the matter within six months.
- The tribunal consists of only one person, who has to be a High Court judge. If a vacancy occurs in the Tribunal, the Centre appoints another judge and the proceedings continue from the stage at which the vacancy is filled.
- The Centre is to provide to the tribunal such staff as necessary for the discharge of its functions.
- All expenses incurred for a tribunal are borne out of the Consolidated Fund of India.
- The tribunal has power to regulate its own procedure, including the place at which it holds its sittings.
(Source: IE and The Hindu)
