Home Ministry Declares Muslim League J&K As An Unlawful Association

Utkarsh Classes Last Updated 29-12-2023

Home Ministry Declares Muslim League J&K As An Unlawful Association

State news 4 min read

The Ministry of Home Affairs (MHA) has declared Muslim League Jammu Kashmir (Masrat Alam faction) as an unlawful association. The organisation has been declared unlawful under Section 3(1) of the Anti-Terrorist Unlawful Activities (Prevention) Act (UAPA) 1967 for five years.

According to the Home Ministry, this organisation and its members are involved in anti-national and separatist activities in Jammu and Kashmir.
They work to support terrorist activities and instigate people to establish Islamic rule in Jammu and Kashmir.

About Unlawful Activities Prevention Act (UAPA), 1967:

UAPA is the primary anti-terrorism law enacted in India in 1967.
It was enacted to outlaw and punish illegal and terrorist activities which pose a threat to the integrity and sovereignty of India.

These activities include:

Aiding and abetting terrorists
Funding terrorists
Inciting anti-national sentiments among the public
Other illegal activities against the state

Major provisions under UAPA:

Extensive powers to the Central Government -

The Act provides broad powers to the Central Government to designate organisations as terrorist organisations.
It also provides for punishment for such organisations for participating in terrorist activities.

Applicability -

The Act applies even if the offence is committed outside India. Both Indian and foreign nationals can be charged.

Timeline -

Charge sheet can be filed within a maximum of 180 days after the arrest.
The investigation must be completed within 90 days.
If the investigation is not completed within the stipulated time, the accused is eligible for default bail.

Special Court -

This Act establishes a special court designated to hear cases.

Amendments to UAPA:

The original Act was amended in the years 2004, 2008, 2012 and 2019 to expand its scope.

Some important sections of UAPA:

Section 13 – Punishment for unlawful activities
Section 16 - Punishment for terrorist act
Section 17 - Punishment for raising funds for terrorist act
Section 18 A - Punishment for organizing terrorist camps
Section 22 - Punishment for threatening witness

Who is Masarat Alam?

Masarat Alam is the successor of late Syed Ali Shah Geelani and the current chairman of Hurriyat Conference.
Masarat was arrested for his alleged role in mass public protests in Kashmir in 2010.
Alam was released in March 2015. But as soon as he was released, he launched a front against the then People’s Democratic Party (PDP) and BJP coalition government.
Masarat Alam is currently lodged in Delhi's Tihar Jail.