Overview

• Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela held that writs under Article 226 lie against UAPA tribunal orders passed under Section 4.
• The court issued notice to the Union government after rejecting its objection that a tribunal led by a sitting high court judge insulated the order from High Court review.
• The Centre must file its counter-affidavit within six weeks, PFI gets two weeks for rejoinder, and the matter is listed for January 20, 2026.
• The Ministry of Home Affairs banned PFI and several affiliates in September 2022 under the UAPA, and a tribunal led by Justice Dinesh Kumar Sharma upheld the ban on March 21, 2023.
• The High Court’s ruling resolves the jurisdictional question while leaving the merits of the proscription and national-security allegations to be decided in the forthcoming hearings.