Karnataka HC dismisses petition questioning giving immediate effect to ban on PFI

The petitioner contended that the notification banning the organisation is subject to confirmation by a tribunal as per the Unlawful Activities (Prevention) Act

The High Court of Karnataka dismissed a petition questioning the action of the Union Government in giving ‘immediate effect’ to the ban on Popular Front of India (PFI) and other allied organisations soon after issuing a notification declaring it an ‘unlawful association’ for a period of five years.

On November 30, Justice M. Nagaprasanna passed the order while dismissing a petition filed by Nasir Pasha, who is in judicial custody, through his wife.

The main point of the petitioner regarding the notification was the declaration that the ban would become operational with immediate effect by exercising the power under Section 3(3) of the Unlawful Activities (Prevention) Act, 1967. The Union Government had banned PFI and its allied organisations with effect from September 28, 2022.

Contending that it was obligatory on the authorities to record separate reasons to make the ban operational with immediate effect, it was argued on behalf of the petitioner that giving immediate effect to the ban was illegal.

Pointing out that the notification banning the organisation is subject to confirmation by a tribunal as per the UAPA Act, the petitioner contended that giving immediate effect to the ban before confirmation by the tribunal would give arbitrary and unbridled power to authorities to falsely implicate any person alleging membership of the organisation, and expose such persons to criminal action for allegedly associating with the organisation.