Delhi HC holds PFI's appeal maintainable, issues notice to Centre in challenge to UAPA tribunal's order upholding ban

The court ruled that the High Court does have jurisdiction under Article 226 of the Constitution to hear the matter.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela delivered the order, rejecting the Union Government's objection regarding the maintainability of the plea. The Bench has issued notice to the Union of India and listed the matter for detailed hearing on January 20, 2026.

Earlier, the court had reserved its order after hearing extensive arguments on whether a writ petition could lie against the decision of a UAPA Tribunal, which is chaired by a sitting High Court judge.

During the hearing, Additional Solicitor General (ASG) S.V. Raju, appearing for the Union Government, had strongly opposed the maintainability of the petition.

He argued that since the UAPA Tribunal was headed by a sitting judge of the High Court, its decision could not be reviewed by another Bench of the same court. He maintained that any challenge to the Tribunal's order should be made directly before the Supreme Court under Article 136.

"The Tribunal's order cannot be scrutinised by another Bench of the High Court," the ASG had submitted, contending that the Tribunal is not a 'subordinate court' for the purposes of judicial review under Articles 226 and 227.

However, PFI's counsel, appearing in person, had argued that the writ petition is maintainable, asserting that judicial review under Article 226 forms an essential part of the Constitution's basic structure.

He relied on past judicial precedents to argue that access to justice cannot be curtailed and that the High Court retains jurisdiction to examine constitutional and procedural questions arising from such proceedings.

Agreeing with the petitioner's stance, the Bench held that the question of maintainability must be interpreted in the context of constitutional guarantees of judicial review. The court ruled that PFI's plea is maintainable and directed the Union Government to file its response before the next hearing date.

The case originates from the Central Government's September 2022 notification imposing a five-year ban on the Popular Front of India and its affiliated organisations under the Unlawful Activities (Prevention) Act (UAPA). The government had cited the group's alleged involvement in terrorist activities, radicalisation efforts, and actions deemed prejudicial to national security.

The UAPA Tribunal, presided over by a sitting High Court judge, had upheld the ban, accepting the Ministry of Home Affairs' evidence linking PFI and its affiliates, including the Campus Front of India, Rehab India Foundation, and National Women's Front, to unlawful and terror-related activities. (ANI)