In News:

• Recently, the Central government banned the Popular Front of India (PFI) and its affiliates for five years, just days after law enforcement agencies (NIA, ED) launched a nationwide crackdown on the PFI.
• Invoking the Unlawful Activities (Prevention) Act (UAPA), 1967 to impose the ban, the Ministry of Home Affairs stated that the PFI and its affiliates are linked to terror groups like the ISIS, radicalise a specific section of society and pose a major threat to the country's internal security.

What’s in today’s article:

• What exactly does this "ban" imply?
• About a UAPA tribunal

What exactly does this "ban" imply?

• Ban on PFI:
  • The Ministry of Home Affairs (MHA) imposed a five-year ban on the PFI and its associate organisations under the Unlawful Activities (Prevention) Act (UAPA), 1967 - India’s main law against terrorism and terrorist activities.
  • The notification stated a number of reasons for the central government's decision to declare the PFI and its various fronts as "unlawful association" with immediate effect.
• The process to declare an association unlawful:
  • The UAPA (Section 3) allows the Central government (MHA) to declare an organization an "unlawful association" or a "terrorist organization," which is often referred informally as a "ban."
  • The UAPA defines an "unlawful association" as any organisation that promotes enmity between different groups and makes assertions that are detrimental to national integration, as defined in (Sections 153A or 153B) the Indian Penal Code (IPC).
    • An unlawful association is also one that encourages or assists people to engage in illegal activity or whose members engage in such activity.
  • The government is required by (Section 4) of the UAPA to send the notification to the Unlawful Activities Prevention Tribunal within 30 days of issuing the notification in order for the ban to be ratified.
    • For example, in the given case, the MHA will have to refer the matter to the Tribunal, along with details of cases filed by the NIA, ED and state police forces across the country against PFI and its cadres.
  • The Tribunal will then issue a show-cause notice to the organisation, asking it to respond in writing as to why it should not be banned.
  • Following arguments from both sides, the Tribunal may hold an inquiry to determine (within 6 months) whether there is sufficient evidence to declare the organisation an "unlawful association".
    • For example, in 2019, the then sitting judge of the Delhi High Court held public hearings in Aurangabad, Pune, etc., to determine whether there was sufficient evidence to ban the Students Islamic Movement of India (SIMI).
  • Once approved by the Tribunal, the ban will be in effect for five years.
• What follows when an association is declared unlawful?
  • Declaring an organisation unlawful has serious legal consequences, including criminalisation of its members and forfeiture of the organisation's assets.
  • The government has the authority under the UAPA (Section 7) to prohibit the use of an unlawful association's funds and (Section 8) to notify and seize all places used by the unlawful association.
  • Also, a person who continues to be a member of such (unlawful) association or takes part in its meetings or in any way assists the operations of such association, etc., is punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine.
  • Any person who is aggrieved by a prohibitory order may file an application with the Court of the District Judge within 15 days from the issue of such order.

The UAPA tribunal:

• About:
  • The UAPA empowers the Central Government to establish a tribunal in order to ensure its bans have long-term legal sanctity.
  • The Centre issues orders declaring an organisation "unlawful" under the UAPA, and no such notification takes effect until the tribunal confirms it.
  • However, in exceptional circumstances, the notification can take effect immediately if the reasons for it are documented in writing. It can be approved or rejected by the tribunal.
• Constitution of the tribunal:
  • The tribunal has only one member, to be appointed by the Central Government: Provided that no person shall be so appointed unless he is a Judge of a High Court.
  • If there is a vacancy (other than a temporary absence) in the Tribunal, the Centre appoints another judge, and the proceedings resume from the point at which the vacancy is filled.
  • The Centre is to provide the tribunal with the personnel it requires to carry out its functions.
  • The Consolidated Fund of India bears all expenses incurred for a tribunal.
• Its powers:
  • The tribunal has the power to regulate its own procedure, including the location of its sittings.
  • As a result, it can hold hearings in various states for allegations originating in those states.
  • The tribunal has the same powers to conduct investigations as a civil court under the Code of Civil Procedure, 1908.
  • These can be used to summon a witness, produce any document or other material object producible as evidence, obtain any public record from any court or office, and so on.
  • All proceedings before the Tribunal are considered judicial proceedings.
• Analysing its functioning:
  • The tribunals have largely confirmed government notifications, with a few exceptions. In the case of SIMI, for example, a tribunal temporarily lifted the ban in 2008.
  • The tribunal's proceedings have been criticised for being somewhat opaque.
  • Given the sensitivity involved, the UAPA allows for public non-disclosure of information on bans.
  • It has been claimed that the government frequently provides evidence under sealed cover, leaving no opportunity for an organisation to defend itself.