PFI ban: Seizure of properties, freezing of bank accounts to follow

When an association is declared unlawful, Centre can take control such place including a house or building or part thereof, or a tent or vessel

PFI protesters shout slogans: File Picture

PTI   |   New Delhi   |   P28.09.22:  The notification banning the Popular Front of India (PFI) under the stringent anti-terror law UAPA will be followed by a number of actions against the outfit, including seizure of its properties, freezing of bank accounts and a complete prohibition of its usual activities.

The central government will also move a tribunal within 30 days from the date of the publication of the notification for adjudication of whether or not there is sufficient cause for declaring the association unlawful.

The ban order will remain in force for five years and it can be further extended by the government.

According to the Unlawful Activities (Prevention) Act, 1967 (UAPA),if any member of the banned group has the custody of any funds, securities or credits which are being used or are intended to be used for the unlawful association, the Centre may, by a written order , prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such assets.

Any person aggrieved by a prohibitory order may, within 14 days from the date of the service of such order, make an application to the court of the district judge within the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally works for gain, to establish that the assets are not being used or are not intended to be used for the unlawful association.

The court of the district judge shall decide the matter.

When an association is declared unlawful, the central government can seize such "place" including a house or building or part thereof, or a tent or vessel.

The local district magistrate within the local limits or any officer, authorised by him in writing on this behalf, shall make a list of all movable properties (except those he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses.

If in the opinion of the district magistrate, any article specified in the list is or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the article, save in accordance with the written orders of the district magistrate.

Besides, when any organisation or association is declared unlawful, the central government, within 30 days from the date of the publication of the notification, will refer the notification to a tribunal to adjudicate whether or not there is sufficient cause for declaring the association unlawful.

On receipt of a reference, the tribunal shall call upon the association affected by notice in writing to show cause within 30 days from the date of the service of such notice why the association 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 inquiry.

After calling for such further information as it may consider necessary from the central government or any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful.

It will decide the matter as expeditiously as possible and in any case within six months from the date of the issue of the notification.