Intent of notifying place under UAPA not to seize property: HC

Section 8(1) of the UAPA states that if an association has been declared unlawful, the Central Government may, by a notification, “notify any place which in its opinion is used for the purpose of such unlawful association”. As per the provision, the term “place” includes a house or building, or part thereof, or a tent or vessel.

The HC was hearing a plea moved by a man challenging a September 28, 2022, notification issued in respect of a property in Jamia Nagar which was notified as being “used for the purpose of carrying out activities of PFI and its associates or affiliates”.

The notification was issued a day after (September 27, 2022) PFI and its alleged associates and affiliates were declared “unlawful association” under the UAPA.

The petitioner had also challenged a September 30, 2022, notice issued by the Delhi police for furnishing information with respect to this property. The petitioner had sought directions for the property to be released, de-sealed and unlocked.

The petitioner argued before HC he is the “lawful owner” of the property and had leased it to another individual in December 2021 for 11 months and not to PFI or to any of its alleged associates /affiliates. He had said that he was not a member of the PFI, had “no knowledge that the tenant was a member of the PFI or that the house was being used for carrying out unlawful activities”.