- September 29, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
Subject : Governance
Context : The Popular Front of India (PFI), declared an “unlawful association” under the Unlawful Activities Prevention Act (UAPA) by the Centre, will now have the option to present its case before a tribunal that must confirm the government notification for the ban to continue.
About UAPA Tribunal
- The UAPA provides for a tribunal under a High Court judge to be constituted by the government for its bans to have long-term legal sanctity.
- Orders to declare an organization as “unlawful” are issued by the Centre under Section 3 of the UAPA.
- Thegovernment order would not come into effectuntil the tribunal has confirmed it by an order under Section 4 of the act.
- Procedure– After the Centre’s declaration of an organisation as unlawful, its notification must reach the tribunal within 30 days to adjudicate whether or not there is sufficient cause for the move.
- The tribunal then calls upon the association, by notice in writing, to show cause within 30 days why it should not be declared unlawful.
- It then holds an inquiry and decides the matter within 6 months.
- Constitution- The tribunal consists of only one person, who has to be a High Court
- The Centre will provide the necessary staff to the tribunal for the discharge of its functions.
- All expenses incurred for a tribunal are borne out of the Consolidated Fund of India.
- Regulation of own procedure– The tribunal has power to regulate its own procedure, including the place at which it holds its sittings.
- It can hold hearings in different states for allegations pertaining to those states.
- Powers regarding inquiries– The tribunal has the same powers as vested in a civil court under the Code of Civil Procedure, 1908
For further details about UAPA Act, refer – https://optimizeias.com/unlawful-activities-prevention-act/