News Highlight
UAPA Tribunal upholds Centre’s decision to ban Popular Front of India (PFI) affiliates.
Key Takeaway
- In September 2022, the Ministry of Home Affairs (MHA) labelled the PFI, along with “its allies, affiliates, or fronts,” a “unlawful association” in a gazette notification.
- The MHA’s notification barred the PFI and its affiliated groups from operating.
- Under the Unlawful Activities (Prevention) Act (UAPA), 1967, it covers the Rehab India Foundation (RIF) and Campus Front of India for five years.
UAPA tribunal
- About
- The UAPA calls on the government to establish a tribunal presided over by a High Court judge for its bans to have long-term legal legitimacy.
- Section 3 of the UAPA allows the Centre to issue orders declaring an organisation “unlawful.”
- “No such notification shall have effect unless the tribunal has, by an order made under Section 4,” the law states.
- It confirmed the declaration, and the order was published in the Official Gazette.
- As a result, a government order would not take effect until the tribunal affirmed it.
- The notification can take effect immediately in extreme instances, provided the reasons are documented in writing.
- It can be approved or rejected by the tribunal.
- Procedure
- Section 4 of the UAPA states that after the Centre declares an organisation “unlawful.”
- It must notify the tribunal within 30 days to decide “whether or not there is sufficient cause” for the transfer.
- The tribunal then issues a written notice to the association, requiring it to show why it should not be deemed unconstitutional within 30 days.
- After then, the tribunal conducts an enquiry and renders a decision within six months.
- Constitution of the tribunal
- The tribunal has only one member, who must be a High Court judge.
- If there is a vacancy in the Tribunal, the Centre selects another judge, and the proceedings resume from the point at which the vacancy is filled.
- The Centre must equip the tribunal with its required personnel to carry out its tasks.
- The Consolidated Fund of India bears all expenses incurred for a tribunal.
Powers of the tribunal
- It has the authority to govern its procedure, including the location of its hearings.
- As a result, it can hold hearings in various states for claims originating in those states.
- The tribunal has the same authority to conduct investigations as a civil court under the 1908 Code of Civil Procedure.
- These can be exercised by;
- Summoning a witness and examining him on oath.
- Production of any document or other material object producible as evidence.
- The reception of evidence on affidavits; the requisitioning of any public record from any court or office.
- The issuing of any commission for the examination of witnesses.
Criticisms against the tribunal
- Lack of transparency
- The tribunal’s proceedings have been criticised for being obscure.
- Given the sensitivity involved, the UAPA allows for public non-disclosure of information on bans.
- No access to defend
- The government frequently provides evidence under sealed cover, providing little opportunity for an organisation to defend itself.
What does the ban mean?
- The ban makes membership in, support for, or financing of the PFI and other proscribed organisations illegal.
- Anyone who is a member of one of these organisations may be arrested.
- The government can also seize these organisations’ properties, bank accounts, and offices.
Unlawful Activities (Prevention) Act, 1967 (UAPA)
- About
- The UAPA became law in 1967.
- The Act, among other things, establishes unique procedures for dealing with terrorist acts.
- It empowers Parliament to impose reasonable restrictions on the;
- Freedom of speech and expression.
- Right to assemble peaceably and without arms.
- Right to form associations or unions.
- This act is also referred to as the Anti-Terror Law.
- Section 15 of the UAPA defines “terrorist act,” which is punishable by imprisonment for at least five years and up to life.
- If the terrorist act results in death, the sentence is death or life imprisonment.
Pic Courtesy: iPleaders
Content Source: Indian Express