Home India Ministry of Home Affairs Constitution of UAP Tribunal in the matter of proscription o...
Date: 2022-10-06 Category: Extra Ordinary State: Union Government Country: India

Constitution of UAP Tribunal in the matter of proscription of PFI

Issued by Ministry of Home Affairs · CTCR DIVISION

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Executive Summary & Key Takeaways

## Report on Notification Regarding Unlawful Association and Tribunal Formation **1. Executive Summary:** This report analyzes a government notification declaring the Popular Front of India (PFI) and its associated organizations as an unlawful association and establishing an Unlawful Activities Prevention Tribunal. The core purpose is to adjudicate whether sufficient cause exists for the declaration. The key finding is the formation of a tribunal to determine the validity of the ban under the Unlawful Activities Prevention Act (UAPA), 1967. **2. Introduction:** This report aims to provide an informative overview of a government notification concerning the declaration of certain organizations as unlawful associations and the subsequent formation of a tribunal. This analysis is based solely on the information contained within the provided policy text. **3. Policy Overview:** This is a *new policy* initiative related to the enforcement of the Unlawful Activities Prevention Act. * **Core Objective:** The core objective, as inferred from the text, is to legally assess the justification for declaring the Popular Front of India (PFI) and its affiliates as an unlawful association according to the UAPA, 1967. **4. Background and Rationale:** The policy addresses the issue of organizations potentially engaged in unlawful activities that threaten the security and integrity of the nation. The declaration of PFI and its associates as unlawful (referenced in the provided text as notification S.O. 4559 E) suggests the government believes these organizations are involved in activities detrimental to national interests. The formation of the tribunal indicates a need to ensure due process and legal justification for the ban. **5. Key Provisions / Changes:** * The Popular Front of India (PFI) and its associates, including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Womens Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala, have been declared unlawful associations based on notification number S.O. 4559 E, dated 27th September, 2022. * The central government constitutes an Unlawful Activities Prevention Tribunal. * The tribunal will consist of Justice Dinesh Kumar Sharma, High Court of Delhi. * The tribunal's purpose is to adjudicate whether sufficient cause exists for declaring the PFI and its associated organizations as unlawful. **6. Target Audience and Stakeholders:** The primary target audience includes: * The Popular Front of India (PFI) and its listed associated organizations. * Members and supporters of these organizations. * Justice Dinesh Kumar Sharma, High Court of Delhi. * Government agencies responsible for enforcing the UAPA. * Legal professionals involved in the adjudication process. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Home Affairs (implied as the notifying agency). * **Responsible Body:** Unlawful Activities Prevention Tribunal consisting of Justice Dinesh Kumar Sharma, High Court of Delhi. * **Procedure:** The tribunal will follow procedures necessary to adjudicate whether there is sufficient cause for declaring the PFI and its affiliates as unlawful. While the text does not explicitly specify the procedure, it implies a legal process of review and assessment based on the UAPA, 1967. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this policy are: * A legal determination on the validity of the ban imposed on the PFI and its associates. * If the tribunal confirms the ban, the policy aims to disrupt and dismantle the activities of these organizations, preventing potential threats to national security. * To demonstrate the government's commitment to addressing unlawful activities and maintaining public order. * To provide legal justification for the ban, ensuring transparency and accountability in the government's actions. **9. Conclusion:** The notification represents a significant step in addressing concerns related to the activities of the Popular Front of India and its associated organizations. The establishment of the Unlawful Activities Prevention Tribunal underscores the government's intent to ensure due process and legal scrutiny in the ban's enforcement. The outcome of the tribunal's adjudication will have far-reaching implications for the organizations involved and the broader landscape of national security.

Key Entities Referenced

Popular Front of India: An organization declared as an unlawful association. Rehab India Foundation: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. Campus Front of India: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. All India Imams Council: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. National Confederation of Human Rights Organization: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. National Womens Front: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. Junior Front: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. Empower India Foundation: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association. Rehab Foundation, Kerala: An associate/affiliate/front of the Popular Front of India, also declared as an unlawful association, located in Kerala. Unlawful Activities Prevention Act, 1967: The Act under which the Central Government exercises its powers to constitute an Unlawful Activities Prevention Tribunal. Central Government: The entity constituting the Unlawful Activities Prevention Tribunal. Unlawful Activities Prevention Tribunal: A tribunal constituted to adjudicate whether there is sufficient cause for declaring the Popular Front of India and its associates as unlawful associations. Justice Dinesh Kumar Sharma: A judge from the High Court of Delhi, who is part of the Unlawful Activities Prevention Tribunal. High Court of Delhi: The High Court from which Justice Dinesh Kumar Sharma is a member. New Delhi: The city where the Ministry of Home Affairs notification was issued. Kerala: A state in India, where Rehab Foundation is located
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-06102022-239371 xxxGIDHxxx CG-DL-E-06102022-239371 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 4548] नई दिल्ली, बृहस्ट्प जतवार, अक्त बू र 6, 2022/आज‍व न 14, 1944 No. 4548] NEW DELHI, THURSDAY, OCTOBER 6, 2022/ASVINA 14, 1944 ubZ fnYyh] 6 vDrwcj] 2022 —tcfd] ikWiqyj ÝaV vkWQ bafM;k ¼ih,QvkbZ½ vkSj blds lg;ksxh laXkBuks a ;k lEc) laLFkkvksa ;k vxz.kh laxBukas] fjgSc bafM;k QkMaM”s ku ¼vkjvkbZ,Q½] dSail ÝaV vkWQ bafM;k ¼lh,QvkbZ½] vky bafM;k beke dkmafly ¼,vkbZvkbZlh½] u”s kuy dkWUQsM”ku vkWQ g~;weu jkbV~l vkxsZukbZts”ku ¼,ulh,pvkjvks½] u”s kuy foesla ÝaV] twfu;j ÝaV] ,Eikoj bafM;k QkamMs”ku vkSj fjgSc QkmaMs”ku] dsjy lfgr dk s fnukad 27 flRkEcj 2022 dh vf/klwpuk la[;k dk-vk- 4559¼v½] tks fd Hkkjr ds jkti=] vlk/kkj.k ds Hkkx&II, [kaM&3] mi&[kMa ¼ii½ fnukafdr 28 flRkEcj] 2022 dk s izdkf”kr dh xbZ Fkh] ds rgr fof/k&fo:) laxe ?kksf’kr fd;k x;k gS; vr% vc] dasUnzh; ljdkj] fof/kfOk:) fdz;kdyki ¼fuokj.k½ vf/kfu;e] 1967 ¼1967 dk 37½ dh /kkjk 5 dh mi&/kkjk ¼1½ }kjk iznRr “kfDr;kas dk iz;ksx djrs gq,] bl U;k;fu.kZ;u ds iz;kstu ds fy, fd D;k ikWiqyj ÝaV vkWQ bafM;k ¼ih,QvkbZ½ vkSj blds lg;kxs h laXkBukas ;k lEc) laLFkkvkas ;k vxz.kh laxBuks]a fjgSc bafM;k QkMMa s”ku ¼vkjvkbZ,Q½] dSail ÝaV vkWQ bafM;k ¼lh,QvkbZ½] vky bafM;k beke dkmafly ¼,vkbZvkbZlh½] us”kuy dkWUQsM”ku vkWQ g~;ew u jkbV~l vkxsZukbZts”ku ¼,ulh,pvkjvk½s ] us”kuy foesal ÝaV] twfu;j ÝaV] ,Eikoj bafM;k Qkma Ms”ku vkSj fjgSc QkmaMs”ku] dsjy lfgr dk s ,d fof/kfo:) laxe ds :i es ?kkfs’kr djus ds fy, Ik;kZIr dkj.k gS ;k ugh] U;k;ewfrZ fnu”s k dqekj “kekZ] fnYyh mPp U;k;ky; ls feydj cuus okys ,d fof/kfo:) fdz;kdyki ¼fuokj.k½ vf/kdj.k dk xBu djrh gSA [फा. सं. 14017/7/2022-एनआई-एमएफओ] प्रवीण वजिष्ठ, अपर सजिव 6775 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th October, 2022 S.O. 4758(E).—Whereas, the Popular Front of India and its associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala has been declared as unlawful association, vide, notification number S.O. 4559 (E), dated 27th September, 2022, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), dated the 28th September, 2022; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes an Unlawful Activities (Prevention) Tribunal consisting of Justice Dinesh Kumar Sharma, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause for declaring the Popular Front of India and its associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala as unlawful association. [F. No. 14017/7/2022-NI-MFO] PRAVEEN VASHISTA, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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