Jharkhand High Court on Monday quashed the State Government’s order declaring the Popular Front of India (PFI) as an illegal organisation on the grounds that the government did not follow the due procedure in taking the decision.
The bench of Justice Rongon Mukhopadhyay passed the order in a case WP (Cr)/94/2018 Abdul Wadood v/s State of Jharkhand in which the petitioner had challenged the government’s decision on various grounds.
Notably, the Home department had issued a notification on February 21, 2018 declaring the PFI as unlawful under section 16 of ClA. It prevented anyone from giving donation and becoming member of the organization.
The government also initiated penal action against the organization under section 17 of ClA registering FIR at different police station of Pakur and Sahebganj districts.
Senior counsel, A Alam, who appeared on behalf of the petitioners Abdul Wadood, the General Secretary of PFI in Jharkhand, informed that government alleged that PFI was indulging in anti-national activities and also had links with Pakistan’s ISI. The police carried out raids and seized several documents including books and pamphlets from members of the organisation.
Alam said they challenged the petition in the High Court in a connection with the case (10/2018) lodged with the Ranga police station in Sahebganj district in which Wadood was also an accused claiming that section 16 and 17 of Criminal law Amendment Act was repealed earlier and that it is not functional.
He further stated that government’s decision was also against the article 19 of the constitution that provides for freedom of speech and freedom to form an organisation. He added that that there was no substance in the FIR.
“The court did not accept the argument that section 16 and 17 of ClA was not working but it quashed the state government order on PFI and also set aside the FIR,” Alam said.
“The court has rejected the state government decision saying it did not follow the due procedure in declaring the PFI unlawful,” said senior government counsel Rajiv Ranjan Mishra.