J&K Liberation Front (Yasin Malik faction) declared “Unlawful Association”

Yesterday i.e. on 22nd March 2019, the Ministry of Home Affairs, in exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) via notification  S.O. 1403(E) [Click here to read this notification] declared the “JKLF-Y: Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction)” to be an “Unlawful Association” as defined in Section 2(p) of the Unlawful Activities (Prevention) Act, 1967 which reads as follows:

Section 2(p) “unlawful association” means any association,—

(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or

 (ii) which has for its object any activity which is punishable under section 153A (45 of 1860) or section 153B of the Indian Penal Code, or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity:

Provided that nothing contained in sub-clause (ii) shall apply to the State of Jammu and Kashmir;

What is an unlawful activity ?

As per Section 2(o) of the Unlawful Activities (Prevention) Act, 1967

“unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise) –

(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or

 (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or

(iii) which causes or is intended to cause disaffection against India;

The Central Government is of the opinion that Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction)

  • has been indulging in activities, which are prejudicial to internal security and public order, and have the potential of disrupting the unity and integrity of the country
  • is involved in anti-national and subversive activities intended to disrupt the sovereignty and territorial integrity of India;
  • is in close touch with militant outfits and is supporting extremism and militancy in Jammu and Kashmir and elsewhere;
  • is supporting and inciting claims for secession of a part of the Indian territory from the Union and supporting terrorist and separatist groups fighting for this purpose by indulging in activities and articulations intended to disrupt the territorial integrity of India;
  • if not curbed and controlled immediately, it is likely to:
    • escalate its subversive activities including attempt to carve out a separate State out of the territory of Union of India by destabilising the Government established by law;
    • continue advocating the secession of the State of Jammu and Kashmir from the Union of India while disputing the accession of the State with the Union;
    • propagate anti-national and separatist sentiments prejudicial to the territorial integrity and security of the country; and
    • escalate secessionist movements, support militancy and incite violence in the country;

However, the above stated notification shall, subject to any order that may be made under section 4 of the said Act, have effect for a period of five years from the date of its publication in the Official Gazette.

In exercise of the powers conferred by section 42 of the Unlawful Activities (Prevention) Act, 1967, the Central Government also directed that all powers exercisable by it under Section 7 (Power to prohibit the use of funds of an unlawful association)and Section 8 (Power to notify places used for the purpose of an unlawful association)of the Unlawful Activities (Prevention) Act, 1967 shall also be exercised by the Government of Jammu and Kashmir in relation to the above said unlawful association. The Ministry of Home Affairs issued a notification S.O. 1404(E) in this regard. [Click here to read this notification]

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