Overview

• A bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela held that a writ under Article 226 lies against the UAPA tribunal’s order, declaring PFI’s petition maintainable.
• The court asked the Centre to file its response within six weeks, granted PFI two weeks for rejoinder, and listed the matter for January 20, 2026.
• The Centre had argued the petition was not maintainable because the tribunal was headed by a sitting Delhi High Court judge, a contention the bench rejected.
• PFI moved the High Court after the Supreme Court in November 2023 directed it to pursue this remedy rather than a direct challenge.
• The Home Ministry banned PFI and several affiliates in September 2022 under the UAPA, and a tribunal led by Justice Dinesh Kumar Sharma upheld the ban in March 2023.