Source-This post on Government bans Kashmiri political outfit under UAPA is based on the article “Government bans two factions of Jammu & Kashmir outfit Muslim Conference, Jammu and Kashmir under UAPA” published in “The Hindu” on 28th February 2024.
Why in the News?
The Union Home Ministry has declared two factions of the Muslim Conference of Jammu and Kashmir (MCJK) as “unlawful associations” under the anti-terror Unlawful Activities (Prevention) Act (UAPA).
The government said these groups have been involved in actions against the nation’s sovereignty and integrity.
What is Unlawful Activities (Prevention) Act (UAPA)?
1. About– UAPA is the primary counter-terrorism law in India.
2. Enacted– It was enacted in 1967.
3. Objective– To enhance the prevention of unlawful activities by both individuals and groups, to combat terrorism, and to more effectively address actions that threaten the integrity and sovereignty of India.
4. Activities include:
a. Assisting and supporting terrorists
b. Funding terrorists
c. Encouraging anti-national sentiments among the public
d. Other unlawful activities against the state
What are the Key provisions of UAPA ?
1. Applicability– The law applies even if the offenses occur outside of India. Both Indian citizens and foreign nationals can face charges.
2. Wide powers to Centre– The Central Government is granted extensive authority to designate organizations as terrorist entities. It also prescribe the penalties for involvement in the activities of such organizations.
3. Charge sheet: The investigating agency can file a charge sheet in a maximum of 180 days after the arrests and the duration can be extended further after intimating the court.
4. Unlawful association provision– Under section 3 of the UAPA Act, the government has powers to declare an association ‘unlawful’.
5. Appeal against the Ban:
a. Within 30 days of notification, the government must establish a tribunal led by a sitting High Court Judge to review evidence and allegations.
b. The tribunal can examine evidence, listen to objections from the organization or its members/supporters, and decide whether to confirm or reject the ban.
| Read more– UAPA |
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