PFIs plea in opposition to ban not maintainable: Centre

The Centre knowledgeable a bench of the Delhi High Court which included Chief Justice D.Ok. Upadhyaya and Justice Tushar Rao Gedela that the petition was not maintainable because the tribunal was headed by a sitting excessive courtroom decide and subsequently the order couldn’t be challenged underneath Article 226 of Constitution of India.

“I’ve a preliminary objection on the maintainability of the writ petition. The treatment underneath Article 226 or 227 of the Constitution just isn’t out there. The solely treatment out there is underneath Article 136 of the Constitution,” stated Additional Solicitor General S.V. Raju.

Mr. Raju added, “The tribunal was manned by a sitting decide of this excessive courtroom and a excessive courtroom decide just isn’t subordinate to this courtroom. Article 227 applies to subordinate courts”.

The PFI counsel claimed the problem was with a division bench of the Delhi High Court in a earlier case and the petition was subsequently maintainable. The courtroom posted the listening to for August 7.

The PFI challenged the March 21, 2024 order of the Unlawful Activities (Prevention) Act tribunal confirming the choice by the Centre on September 27, 2022. The courtroom is but to situation formal discover within the matter.

The Centre banned the PFI for 5 years for its alleged hyperlinks with world terrorist organisations, comparable to ISIS, and attempting to unfold communal hatred within the nation.