Plea Challenging PFI Ban Dismissed By Karnataka High Court

Two months after the Ministry of Home Affairs (MHA) declared the Popular Front of India (PFI) and its eight affiliate organisations an ‘unlawful organisation’ for five years, Karnataka High Court has dismissed a plea challenging this notification.

A single judge bench of Justice M Nagaprasanna pronounced the order on the petition filed by Nasir Pasha, a PFI activist under judicial custody, through his wife, reports LiveLaw.

Appearing for the petitioner, Senior Advocate Jayakumar S Patil argued that it is obligatory on the part of the competent authority to record separate and distinct reasons for bringing into force the ban with immediate effect.

The petitioner’s counsel further argued that the impugned notification that was issued on 28 November was ’arbitrary and illegal’.

The pleas had contended that the arbitrary exercise of sovereign power by the Union of India has been done to curb the fundamental right of minorities under Article 19 (1) ( C ) of Constitution of India.

It also claimed that ‘giving immediate effect to such declaration’ has various effects which gives ‘unbridle power to law authorities’ to ‘falsely implicate‘ persons under the UAPA. It also contends that the ‘immediate effect’ curtails the right of defence before the tribunal.

The petition sought that the declaration notification be set aside to the extent of immediate effect.

Appearing for the Union of India, Solicitor General Tushar Mehta opposed the plea and said the required reasons to declare the ban had been provided in the notification and that there is nothing illegal to it.

The Centre had pronounced the ban after a countrywide crackdown on PFI, arrest of over hundred activists of the outfit and seizure of several dozen properties.

PFI's associate organisations which were also declared banned under the stringent anti-terror law UAPA include Rehab India Foundation (RIF), Campus Front of India (CF), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala.

Also read: Crackdown on PFI - A Timeline