The court seeks response from Central government; next hearing scheduled for January 20, 2026
NEW DELHI — In a significant development, the Delhi High Court has accepted a petition filed by the Popular Front of India (PFI), challenging the five-year ban imposed by the central government under the Unlawful Activities (Prevention) Act (UAPA). The bench, comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, on Monday held that the petition is maintainable and directed the central government to respond before the next hearing, set for January 20, 2026.
The PFI’s appeal challenges a September 2022 notification that imposed a five-year ban on the organisation and its affiliated groups, citing alleged involvement in activities against national security. The UAPA Tribunal, headed by a sitting high court judge, had previously upheld the ban.
During the proceedings, Additional Solicitor General SV Raju, representing the central government, strongly opposed the petition. He argued that as the UAPA Tribunal is headed by a sitting high court judge, a high court cannot review its order.
“The tribunal’s order cannot be reviewed by another bench of the high court because the tribunal is not a subordinate court to which Articles 226 and 227 apply,” ASG Raju told the court. He further asserted that challenges to the tribunal’s order should only be filed before the Supreme Court under Article 136.
Countering the Centre’s arguments, PFI’s lawyer maintained that the petition is fully maintainable under the Constitution. “Judicial review under Article 226 is a basic feature of the Constitution and cannot be curtailed. Every citizen has the right to access justice, and the high court has the power to examine constitutional and procedural questions,” the lawyer said.
The PFI’s legal team cited prior judicial decisions to emphasise that citizens’ access to justice cannot be restricted, and the high court has the authority to ensure constitutional safeguards are respected.
After considering submissions from both sides, the division bench agreed with the PFI, noting that the maintainability of the petition falls within the scope of judicial review guaranteed by the Constitution. The court dismissed the Centre’s objection and issued a notice to the government, allowing it time to file its response.
Legal experts say the ruling reinforces the principle that no citizen or organisation, regardless of allegations, can be denied the right to constitutional review. “The court’s order is a reminder that constitutional safeguards exist to protect all citizens. Judicial review is a core aspect of democracy,” commented advocate Anwar Hussain, supporting the PFI’s stance.
Local observers also noted that the judgment is a crucial affirmation of legal rights, especially for minority communities who often face restrictions under broad security laws. “It’s heartening to see the judiciary protect fundamental rights. This gives hope to many who feel marginalised under restrictive policies,” said social activist Farzana Khan.
