Muslim League Jammu Kashmir (MLJK-MA) Declared as ‘Unlawful Association’

December 28, 2023

GS Paper II Polity

Context: Ministry of Home Affairs declares Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA declared as ‘Unlawful Association’ under the Unlawful Activities (Prevention) Act (UAPA) 1967.

MHA Declares ‘Muslim League Jammu Kashmir (MLJK-MA) as ‘Unlawful Association’

MLJK-MA is declared an unlawful association under provisions of Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967 for 5 years.
Charges: Involvement of the organisation and its members in anti-national and secessionist activities in J&K supporting terrorist activities and inciting people to establish Islamic rule in J&K

Recent Bans under UAPA by MHA in 2023

Terrorist Organizations: Khalistan Tiger Force and Jammu and Kashmir Ghaznavi Force (JKGF)
Individual as ‘Terrorist’: Harwinder Singh Sandhu@Rinda
Unlawful Association: seven “Meitei Extremist Organisations” and their affiliates.

Unlawful Activities (Prevention) Act 1967

The UAPA is an anti terrorism law first passed in 1967, aimed at protecting the sovereignty and integrity of nation by preventing activities that pose a threat to it.
Objective: It provides for more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and other connected matters.
Designation as a terrorist organisation:
- Commits or participates in acts of terrorism,
- Promotes terrorism
- Prepares for terrorism
- Is otherwise involved in terrorism.
- The Bill also empowers the government to designate individuals as terrorists on the same grounds.
Punishments: Highest punishment is death penalty and life imprisonment.
Coverage: Offense and offender can be both Indian and foreign nationals. The offense committed on foreign land can also attract UAPA provisions.
Investigation: To be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. Officers of the NIA, of the rank of Inspector or above are empowered to investigate cases under UAPA ( National Investigation Agency (NIA) is functioning as the Central Counter-Terrorism Law Enforcement Agency in India)
Seizure of property: Prior approval of the Director General of Police/ NIA needs to be taken by the investigating officer to seize properties that may be connected with terrorism.