38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

HC dismisses plea against ban on PFI [Read Judgment]

By LawStreet News Network      01 December, 2022 11:49 PM      0 Comments
HC dismisses plea against ban on PFI [Petition]

NEW DELHI: The Karnataka High Court has dismissed a plea against the Union government's decision to ban the Popular Front of India (PFI) and bringing it in force immediately.

Justice M Nagaprasanna rejected the petition filed by Nasir Pasha against the Centre’s notification of September 28 declaring the PFI and its associates and affiliates to be an unlawful organisations under the Unlawful Activities (Prevention) Act and bringing the notification into immediate effect.

The court noted that under Article 19 (4), the government can impose reasonable restrictions on the right of all its citizens to form association under Article 19 (1)(c) of the Constitution.

“Article 19(1)(c) of the Constitution of India on which much emphasis is laid is also hedged with reasonable restrictions to be imposed in certain circumstances under Article 19(4) of the Constitution of India... the fact that reasons are found in the impugned notification itself, I do not find any warrant that would entail interference at the hands of this court,” the judge said.


The court also pointed out the notification stated that several associates, affiliates or fronts of the PFI had been indulging in terrorist activities in Tamil Nadu, Kerala and Karnataka.

The notification, issued under Section 3 of the UAPA, has been referred to the tribunal constituted under Section 4 of the Act, which is pending consideration.

Senior advocate Jayakumar S Patil, appearing for Pasha, who claimed to be the president of the PFI, contended that separate reasons had to be recorded in writing to bring the notification into effect immediately. He also said that fundamental rights cannot be taken away with the stroke of a pen.

The court, however, said that the Union government was empowered under the proviso, subsection (3) of Section 3 of the UAPA, to bring in any notification declaring any organisation to be unlawful with immediate effect.

The bench further said the notification has two parts: the reason for declaring the organisation illegal and the provision for it to take effect immediately.


The petitioner said organisation, registered under the Karnataka Societies Registration Act, 1960, was working for empowerment of the downtrodden section of the society.

Solicitor General Tushar Mehta appeared for the Centre to oppose the plea.

 [Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email