The Centre on Monday (July 14, 2025) objected to the maintainability of Popular Front of India’s (PFI) plea against an order upholding the five-year ban imposed on it by the government.
The Centre informed a bench of the Delhi High Court which included Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela that the petition was not maintainable as the tribunal was headed by a sitting high court judge and therefore the order couldn’t be challenged under Article 226 of Constitution of India.
“I have a preliminary objection on the maintainability of the writ petition. The remedy under Article 226 or 227 of the Constitution is not available. The only remedy available is under Article 136 of the Constitution,” said Additional Solicitor General S.V. Raju.
Mr. Raju added, “The tribunal was manned by a sitting judge of this high court and a high court judge is not subordinate to this court. Article 227 applies to subordinate courts”.
The PFI counsel claimed the issue was with a division bench of the Delhi High Court in a previous case and the petition was therefore maintainable. The court posted the hearing for August 7.
The PFI challenged the March 21, 2024 order of the Unlawful Activities (Prevention) Act tribunal confirming the decision by the Centre on September 27, 2022. The court is yet to issue formal notice in the matter.
The Centre banned the PFI for five years for its alleged links with global terrorist organisations, such as ISIS, and trying to spread communal hatred in the country.
Published – July 15, 2025 09:16 am IST
