The High Court of Karnataka has rejected the petition filed by the Social Democratic Party of India (SDPI) questioning the legality of sealing its offices in Mangaluru and asked the party to approach the district court to disprove the allegation that its offices were being used for the activities of banned organisation.
Nine offices sealed
The authorities had sealed nine office premises of SDPI in Mangaluru on September 28, 2022 on the charge of being used for the activities of the Popular Front of India (PFI), which was banned by the Union government on September 27, 2022, under the provisions of the Unlawful Activities (Prevention) Act.
“Merely because all the offices in Mangaluru are sealed and not anywhere else would not mean that evidence would not be required for the petitioner to prove its case in terms of Section 8 of the UAP Act,” said Justice M. Nagaprasanna in his order while giving liberty to the SDPI to approach the district court as per the provisions of the UAP Act.
The SDPI had claimed that it was not one of those entities that were declared to be associates of PFI and therefore the very act of the State government in searching and sealing the offices of the SDPI was contrary to law.
Alternative remedy
Pointing out that the authorities, in the notification of sealing office premises had clearly indicated the Section 8 of the Act for approaching the district judge on grievances about sealing, the court said that SDPI has an alternative remedy before the district judge to lead evidence to disprove the allegation of using of its premises for the activities of the banned organisation.
The High Court also said that it cannot examine correctness of sealing as the matter requires consideration of evidence for which the appropriate forum would be the district court as prescribed in the UAP Act.
