SOCIAL DEMOCRATIC PARTY OF INDIA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner/Social Democratic Party of India ('SDPI' for short) is before this court calling in question notification dtd. 28/9/2022 insofar as it pertains to entries at Sl.Nos. 2, 5, 6, 7, 8, 9, 10, 11 and 12 and has consequently sought a writ in the nature of mandamus directing respondents 1 and 2 to remove seals on the schedule properties mentioned in the annexure appended to the petition on consideration of the representation of the petitioner.

(2.) Facts in brief that are germane are as follows:- The petitioner claims to be a political party registered under the Representation of the People Act , 1951 and has its representation all over India, more particularly, in the Dakshina Kannada District. It is the claim of the petitioner in the petition that the political party is in the forefront of empowerment of the deprived Sec. of the society by divisive forces through its political movement. What drives the petitioner to this court in the present petition lies in a narrow compass. On 27/9/2022 the Government of India in exercise of powers conferred on it under sub-sec. (1) of Sec. 3 of the Unlawful Activities (Prevention) Act, 1967 ('the Act' for short) declared Popular Front of India ('PFI' for short) and its associates or affiliates or Fronts including Rehab India Foundation, Campus Front of India, All India Imams Council, National Confederation of Human Rights Organization, National Women's Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala as unlawful associations. On 28/9/2022 Government of India directed that all the powers which are exercisable by it under Ss. 7 and 8 of the Act shall be exercised by the State Governments and Union territories. It appears that Government of India later conveyed approval that the State Government and Union Territory Administrations may, by order in writing direct that any power which has been directed to be exercised by it, shall, in certain circumstances be exercised by any person subordinate to the State Government and the Union Territory.

(3.) Based on the aforesaid notification, several raids took place in the City of Mangalore. While so doing, certain campuses and places which were being allegedly used by several organizations were sealed and a few such offices of the petitioner/SDPI were also sealed in Mangalore. Against the said act of sealing of premises by the State Government, the petitioner submits a representation on 29/9/2022, being surprised as to why the offices run by the petitioner/SDPI is targeted. No reply comes about on the representation given by the petitioner. It is at that point in time, the petitioner knocks at the doors of this Court in the subject petition on 15/11/2022. This Court issues notice to the respondents and directs impleadment of the Ministry of Home Affairs, Union of India as party respondent to these proceedings and all the respondents have filed their respective documents or statement of objections as the case would be. At the time of hearing of the petitioner, certain documents were produced before the Court by the State Government which led the petitioner to amend the petition raising a challenge to the very notification of the Central Government delegating its powers to the State Government to act in terms of the Act.