UAPA Tribunal upholds Centre’s decision to ban PFI, affiliates

The ministry said the PFI and its affiliates were linked to terror groups such as the ISIS, propagate “anti-national sentiments… radicalise a particular section of society with the intention to create disaffection” and constitute a “major threat to internal security of the country”.

The notification stated that subject to an order passed by the tribunal under the Unlawful Activities (Prevention) Act, the notification will be in effect for five years from the date of its publication.

Once an organisation is declared unlawful under UAPA, a tribunal is set up by the Centre to adjudicate whether there is sufficient ground for the decision. Under the UAPA, no such notification by the Centre shall have an effect until the tribunal in its order confirms the declaration made in the notification and the order is published in the official gazette.

On October 6 last year, the ministry issued a notification declaring the constitution of the Justice Sharma tribunal for the “purpose of adjudicating whether or not there is sufficient cause” for declaring the PFI and its affiliates or fronts as unlawful association.

According to the UAPA, if the declaration in the Centre’s gazette notification is confirmed by the Tribunal in its order the same will remain in force for five years from the date on which the notification becomes effective. It says that the Centre may on its own or an application by any aggrieved person, at any time, cancel the notification whether or not its declaration is confirmed by the Tribunal.

Section 10 of the UAPA criminalises membership of an unlawful organisation. It says that being a member of such an organisation would be punishable with an imprisonment of two years and may extend to life imprisonment or even death in certain circumstances.