Karnataka HC rejects SDPI plea to unseal offices in Mangaluru

On September 27, 2022, the Ministry of Home Affairs issued a notification imposing a ban on the PFI and its associate organisations for five years under The Unlawful Activities (Prevention) Act (UAPA), 1967. As part of the crackdown on the PFI, several raids also took place in Mangaluru, following which some SDPI premises were also sealed.

The SDPI’s counsel argued that the sealing of its offices was unlawful as the SDPI was not one among those organisations mentioned in the notification and that the state government could not go beyond what was delegated to it in the notification.

The counsel for the state government, however, argued that the activities of SDPI were linked to those of PFI, and thus the premises had to be sealed. They also argued that since it was a question of fact whether SDPI was linked or engaged in those activities, they would have to approach the relevant district judge as per the statute.

The bench noted that “any person aggrieved by any notification issued in respect of a place under sub-section (1) (of Section 8) or by an order made under sub-section (3) or sub-section (4) may within 30 days from the date of notification or order as the case would be, make an application to the Court of District Judge within the local limits of whose jurisdiction such notified place is situated.”

The writ petition was dismissed by the bench, with petitioners at liberty to approach the relevant district judge to argue the question of fact under Section 8 of the UAPA.