UAPA tribunal upholds ban on J&K-based anti-India outfits

| | New Delhi
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UAPA tribunal upholds ban on J&K-based anti-India outfits

Sunday, 23 June 2024 | Rajesh Kumar | New Delhi

UAPA tribunal upholds ban on J&K-based anti-India outfits

The Unlawful Activities (Prevention) Tribunal on Saturday upheld the orders passed by the Ministry of Home Affairs declaring Jammu and Kashmir-based organisations Muslim League (Masrat Alam faction) and Tehreek-E-Huriyat as unlawful associations under the Unlawful Activities (Prevention) Act (UAPA). These organisations had been formed by late Kashmiri-separatist leader Syed Ali Shah Geelani. 

The Muslim League Jammu Kashmir was formally banned for five years by Union Ministry of Home Affairs on December 27, 2023, for alleged involvement in anti-national and secessionist activities in the region while, Tehreek-e-Hurriyat (TeH) was outlawed for five years on December 31, 2023 for fomenting terrorism and spreading anti-India propaganda in Jammu and Kashmir.

In last five years, the Centre has banned 10 separatist groups in Jammu and Kashmir under the UAPA. 

The one-member tribunal of Delhi High Court judge Sachin Datta was constituted under the stringent anti-terror law in January to assess whether there was "sufficient cause" behind the imposition of the ban.

The tribunal upheld the Central Government's ban on these organisations and extended it to continue to hold force for next five years. The Tribunal also upheld the Central Government's contention that these organisation were acting on behalf of Pakistan-based terrorist organisations such as Lashkar-e-Taiba (LeT) of Hafiz Sayeed, Jamaat-ud-Dawa of lftikhar Hyder Rana and Hizbul Mujahideen of Syed Salahuddin and were given constant on-ground support by such terrorist groups to carry out militant operation in the valley.

Upholding the ban, the Tribunal held the two organisations were carrying out secessionist activities in the valley with help from across the border to realise the merger of Jammu and Kashmir with Pakistan and establish Islamic rule in the Union Territory.

Additional Solicitor General Aishwarya Bhati and advocate Rajat Nair represented the Government before the tribunal.

The Union Home Ministry, while imposing the ban, had said the leaders and members of TeH have been involved in raising funds through various sources, including Pakistan and its proxy organisations, for perpetrating unlawful activities, including supporting terrorist activities and sustained stone-pelting on the security forces in Jammu and Kashmir.

The Ministry had said TeH and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set up of the country and have been indulging in unlawful activities, which are prejudicial to the integrity, sovereignty, security and communal harmony of the country.

Earlier, On February 28, 2019 the MHA banned Jama’at-e-Islami Jammu & Kashmir, a cadre-based organization with pan-Kashmir presence.

Nearly a month later, on March 22, 2019 the MHA declared JKLF as an unlawful association for “supporting extremism and militancy” and indulging in “anti-national activity”.

On March 12, 2023, the government banned the Jammu & Kashmir National Front over charges of “indulging in unlawful activities, which are prejudicial to the integrity, sovereignty, and security of the country.

On October 5, 2023, the Union Home Ministry banned jailed separatist leader Shabir Ahmad Shah’s Jammu & Kashmir Democratic Freedom Party (JKDFP) for its “anti-India” and “pro-Pakistan” activities.

Two months later, on December 28, 2023, the MHA banned the Masarat Alam-led Muslim League, a separatist organisation, for “anti-national and secessionist” activities in J&K.

On December 31, 2023, the MHA banned Tehreek-e-Hurriyat (TeH) which was earlier headed by deceased separatist leader Syed Ali Shah Geelani.

On February 28, 2024, the MHA first banned the Muslim Conference Jammu & Kashmir (Sumji faction) and Muslim Conference Jammu & Kashmir (Bhat faction) over terror charges. They were respectively part of Hurriyat (G) and Hurriyat (M) before August 5, 2019.

On March 16, 2024 the Government of India banned four factions of Jammu & Kashmir Peoples League (JKPL) and Jammu & Kashmir Peoples Freedom League (JKPFL).

Further the MHA declared factions of Jammu and Kashmir Peoples League (JKPL), namely, JKPL (Mukhtar Ahmed Waza), JKPL (Bashir Ahmad Tota), JKPL (Ghulam Mohammad Khan @Sopori) also known as Jammu and Kashmir Peoples Political League and JKPL (Aziz Sheikh) led by Yaqoob Sheikh, as unlawful associations under the UAPA. On the same day, the Centre banned Jammu & Kashmir Peoples Freedom League headed by Farooq Rehmani.

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