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Ban on PFI & Working of UAPA tribunal

12 Nov 2022 Ban on PFI & Working of UAPA tribunal

Posted at 16:21h in Daily current-affairs by
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Significance for Prelims: Unlawful Activities Prevention Act (UAPA) tribunal 

Significance for Mains: Factors that led to the emergence of Popular Front of India (PFI); Procedure for declaring “unlawful association”; Impact on association after it declared as unlawful

News: Recently the central government declared the Popular Front of India (PFI) as an “unlawful association” under the Unlawful Activities Prevention Act (UAPA). 

About Popular Front of India (PFI):

  • PFI was formed after the Centre banned SIMI through the merger of the National Democratic Front in Kerala, Karnataka Forum for Dignity, and Manitha Neethi Pasarai in Tamil Nadu in 2007.
  • Unlike marginal or secretive political groups, PFI works overground.
  • Its political wing i.e.Social Democratic Party of India (SDPI) is active in electoral politics. 
  • PFI claims to represent the disenchanted and marginalised Muslims.

Factors that led to the emergence of the Popular Front of India (PFI):

  • Rise of Hindutva agendas in Indian politics before or after the demolition of Babri Masjid in 1992.
  • Influence of political Islam after the Iranian revolution in the late 1970s.
  • Ban on Students’ Islamic Movement of India (SIMI) proponent of political Islam gave birth to PFI.  

Ban on PFI: Ministry of Home Affairs (MHA) notification imposed a ban on the PFI and its associate organisations(like Rehab India Foundation (RIF) and Campus Front of India) under the Unlawful Activities (Prevention) Act (UAPA), 1967 for Five years. 

Reasons were given by notification for the ban:

  • Radicalizing particular sections of society undermines the concept of democracy.
  • PFI and its associates operate as a socio-economic, educational and political organization in public but they show sheer disrespect towards the constitutional authority of the country
  • For indulging in unlawful activities, that are detrimental to the integrity, sovereignty and security of the nation. 
  • PFI supports militancy in the country that disturbs public peace and the communal harmony of the nation. 

About Unlawful Activities (Prevention) Act (UAPA), 1967: Law against terrorism and terrorist activities

  • The UAPA allows the government to declare an organisation an “unlawful association” or a “terrorist organisation”, or a “ban” on the organisation.
  • Under Section 3 of the UAPA Act, the government through gazette notification can declare an association as “unlawful”.
  • Definition of “unlawful association”: Section 2(1)(p) of the UAPA defines an “unlawful association” as an association which has for its object any unlawful activity or offence defined under Sections 153A or 153B of the Indian Penal Code.
  • Unlawful activity or offence described under Sections 153A or 153B of the Indian Penal Code is encouraging hostility between various groups and making imputations that are harmful to national integration
  • An unlawful association is also one that “encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity”.

The process to declare an association unlawful:

  • Under Section 4 of the UAPA, it is mandatory for the government to send the notification to the Unlawful Activities Prevention Tribunal within 30 days of issuing the ratified ban gazette notification. 
  • Ministry has to give details to the Tribunal about the cases registered by National Investigation Agency, Enforcement Directorate, and state police forces against PFI and its cadres across the country.
  • The Tribunal headed by a retired or sitting judge of a High Court then issued a show-cause notice to the PFI or unlawful association to reply in writing about why it should not be banned. 
  • After both sides’ arguments, the Tribunal conducts an inquiry for declaring an  “unlawful association” that needs to be submitted within six months. 
  • If the tribunal approves the ban it becomes applicable for five years. 

Impact on association after it is declared as unlawful

  • The criminalisation of its membership and the forfeiture of the properties of the organisation. 
  • Under Section 7 of the UAPA, the government can prohibit the use of funds for an unlawful association. 
  • Under Section 8, the government can notify and seize all the places used by unlawful association. 
  • Under the law, aggrieved persons can make an application to the Court of the District Judge within the local limits within 15 days of the date of such order.  
  • The person who continues to be a member of unlawful associations or takes part in meetings or contributes in any way to assist the operations of such association is liable for a fine and punishment with imprisonment for two terms which may extend to two years. 
About UAPA tribunal:

  • Under UAPA, the government can constitute a tribunal under a High Court judge for its bans to have long-term legal sanctity.
  • Section 3 and Section 4 of the UAPA government order of declaring an organisation as an “unlawful association” would come into effect after the confirmation by the tribunal.
  • Ban notification can also come into effect immediately in exceptional circumstances if the government gave the reasons for it in recording and writing and the tribunal has the power to endorse or reject it.

Constitution of the tribunal

  • A High Court judge is a single member of the tribunal.
  • In case of a vacancy (other than a temporary absence)  in the Tribunal, the Centre appoints another judge.
  • It’s the responsibility of the centre to provide the necessary tribunal staff to discharge its functions. 
  • The Consolidated Fund of India bears all expenses incurred by a tribunal. 

Powers of UAPA tribunal:

  • Tribunal can regulate its own proceedings, it has powers to decide the place where it can hold its sittings. So, tribunals can hold hearings in different states. 
  • The tribunal is vested with the same powers as a civil court under the Code of Civil Procedure, 1908.
  • Every proceeding before the Tribunal is regarded as a judicial proceeding. 

Further reading: 

  1. National Green Tribunal (NGT)

UPSC Prelims Questions: 

Q.With reference to the Unlawful Activities Prevention Act (UAPA) tribunal, consider the following statements:

  1. UAPA tribunal consists of only one person, who has to be a High Court judge. 

       2. It has the same powers as vested in a civil court under the Code of Civil Procedure, 1908.

  1. All expenses incurred for a tribunal are borne out of the Consolidated Fund of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

UPSC Main Questions(2021): 

  1. The banning of ‘Jamaat-e-Islami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency-affected areas. Discuss measures to neutralize the influence of OGWs.

Source: The Indian Express Articles: Appealing the PFI ban: How UAPA tribunal works; What ‘ban’ on Popular Front of India means

Article Link:

https://indianexpress.com/article/explained/appealing-the-pfi-ban-how-uapa-tribunal-works-8179064/ 

https://indianexpress.com/article/explained/pfi-terrorist-organisation-mha-ban-explained-8177409/ 

Yojna IAS Daily current affairs eng med 12th November

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