MHA Declares Tehreek-e-Hurriyat as an Unlawful Association

Context: The Ministry of Home Affairs  declared Tehreek-e-Hurriyat as  an ‘Unlawful Association’ under the Unlawful Activities (Prevention) Act (UAPA) 1967.

MHA Declares J&K Outfit Tehreek-E-Hurriyat As Unlawful Association Under UAPA

• MHA Declares Jammu and Kashmir-based Tehreek-e-Hurriyatn is declared an unlawful association under provisions of  Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967 for 5 years.
• Charges:  The group is engaged in activities aimed at separating Jammu & Kashmir from India and establishing Islamic rule. 
  • It has been accused of spreading anti-India messages and continuing terrorist actions to promote secessionism in J&K.

About Tehreek-e-Hurriyat

• Tehreek-e-Hurriyat is a separatist political party in Jammu and Kashmir, India founded by Syed Ali Shah Geelani.

About UAPA Act 1967

• The UAPA  is an anti-terrorism law first passed in 1967, aimed at protecting the sovereignty and integrity of a nation by preventing activities that threaten it. 
• Objective: It provides more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and other connected matters.
• Designation as a  terrorist organization: 
  • 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: The highest punishment is the 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) functions 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.

Continue Reading: UAPA: Unlawful Activities (Prevention) Act

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