Bengaluru, Nov 30: The Karnataka High Court on Wednesday dismissed the petition challenging the notification issued by the Union Ministry of Home Affairs declaring the Popular Front of India and its associates or affiliates as ‘unlawful associations’.
Justice M Nagaprasanna pronounced the order on the petition filed by one PFT activist Nasir Pasha, through his wife. Nasir is at present in judicial custody.
The notification was issued under section 3 (1) of Unlawful Activities (Prevention) Act (UAPA) and banned the organisation for five years.
The petitioner had contended that in terms of proviso to sub-section 3 of section (3) of UAPA, it is obligatory on the part of the competent authority to record separate and distinct reasons for bringing into force the ban with immediate effect. It was argued that the order impugned is a composite order and no separate reason or an order is passed in tune with sub-section 3 of Section 3.
The Centre took this action after raids on the offices of PFI and the residences of its members across the country. It came in the wake of allegations that the banned Student Islamic Movement of India (SIMI) and Jamaat-ul-Mujahideen Bangladesh (JMB) besides PFI have close links with many terrorist organisations.
The government order had said that some of PFI's founding members are the leaders of the Students Islamic Movement of India (SIMI) and PFI has linkages with Jamat-ul-Mujahideen Bangladesh (JMB), both of which are proscribed organisations.
Senior advocate Jayakumar Patil, who argued for PFI, had submitted that declaring it as illegal was an anti-constitutional move. He said that the order did not specify reasons for declaring it as an illegal organisation.
Solicitor General Tushar Mehta, who argued for the Central government, said that the PFI was carrying out anti-national acts and it had joined hands with terrorist organisations carrying out violent activities in the country and abetting such acts. The court was told that members of the organisation were creating an atmosphere of fear in the nation.
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