Explained | The Unlawful Activities (Prevention) Tribunal and how it works

The Centre on Wednesday banned the Popular Front of India (PFI), deeming the organisation an "unlawful association" under the Unlawful Activities Prevention Act (UAPA).

Currently, the PFI ban is temporary. In order to make the ban permanent, the Centre must approach a tribunal known as the Unlawful Activities (Prevention) Tribunal.

What is the Unlawful Activities (Prevention) Tribunal?

The tribunal is a body constituted by the Central Government to confirm a ban on a political organisation based on evidence and analysis of the allegations. The tribunal is made up of a High Court judge appointed by the Central Government. In addition, the Centre may make staff available as required for the discharge of the tribunal's functions.

Also Read: Centre has declared PFI 'unlawful': What does that mean?

Under Section 4 of the UAPA, after an association has been declared unlawful, the Centre must, within 30 days from the date of the publication of the notification, refer the matter to a tribunal for the purpose of "adjudicating whether or not there is sufficient cause for declaring the association unlawful".

This means that the tribunal will take the call on whether the ban will stand.

What are the tribunal's powers?

As per Section 5, the tribunal shall have "power to regulate its own procedure in all matters arising out of the discharge of its functions".

The section says that the tribunal possesses the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. Any proceedings before the tribunal shall, therefore, be deemed judicial proceedings.

What is the procedure to confirm the ban?

The tribunal will call upon the affected association, by notice in writing, to show cause, within 30 days, of why it should not be declared unlawful. After considering the cause, if any, shown by the association or the office-bearers or members thereof, the tribunal shall hold an enquiry.

After calling for further information if necessary from the Central Government or from any office-bearer or member of the association, the tribunal shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make "as expeditiously as possible" its decision within a period of six months.

According to Section 6, the Central Government may "either on its own motion or on the application of any person aggrieved" cancel the notification whether or not the declaration made therein has been confirmed by the tribunal.

However, if the declaration that an organisation is unlawful is confirmed by the tribunal, the Centre's notification shall remain in force for a period of five years from the date on which the notification became effective.