States, UTs empowered to act against banned MLJK, Tehreek-e-Hurriyat

NEW DELHI: The Central government on Thursday allocated powers to all the States and the Union Territory (UT) administration to take action against the banned Muslim League Jammu and Kashmir (Masarat Alam faction) and Tehreek-e-Hurriyat, Jammu and Kashmir (TeH).

In an order, the Ministry of Home Affairs (MHA) directed that all powers exercisable by it under sections 7 and 8 of the Unlawful Activities (Prevention) Act, 1967, shall also be exercised by the state governments and the UT administration in relation to the two banned organisations.

The Muslim League Jammu and Kashmir (Masarat Alam faction) was declared an unlawful association on December 27, 2023, while TeH was declared an unlawful association on December 31, 2023.

The MHA had declared the two organisations as unlawful associations exercising the powers conferred by sub-section (1) and proviso to sub-section (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).

Now, in the exercise of the powers conferred by Section 42 of the Unlawful Activities (Prevention) Act, 1967, the MHA directed that all powers exercisable by it under Section 7 and Section 8 of the UAPA shall be exercised also by the state governments and the UT administration in relation to these unlawful associations.

The MHA had declared the Muslim League Jammu and Kashmir (Masarat Alam faction) (MLJK-M) an unlawful association for the next five years. The organisation is chaired by Masarat Alam Bhat, infamous for its anti-India and pro-Pakistan propaganda.

The Ministry's action against the group followed input that "the objectives of MLJK-MA are to get the freedom of Jammu and Kashmir from India, realise the merger of Jammu and Kashmir with Pakistan, and establish Islamic rule in Jammu and Kashmir."

As per the MHA notification, the members of the MLJK-MA have been indulging in secessionist activities in Jammu and Kashmir, and the leaders and members of the group have been involved in raising funds through various sources, including Pakistan and its proxy organisations for perpetrating unlawful activities, including supporting terrorist activities and sustained stone-pelting by security forces in Jammu and Kashmir.

Then notification pointed out that the MLJK-MA and its members, by their activities, show sheer disrespect towards the constitutional authority and constitutional setup of the country; and its leaders and members, particularly its Chairman Masarat Alam Bhat, have been indulging in unlawful activities which are prejudicial to the integrity, sovereignty, security and communal harmony in the country.

The MHA had said there had been a number of inputs showing linkages between the MLJK-MA and banned terrorist organisations, as well as that the MLJK-MA and its members have been involved in supporting terrorist activities with an intent to create a reign of terror in the country, thereby endangering the security and public order of the state, and its anti-national activities also show disrespect and disregard for the constitutional authority and sovereignty of the state hence, immediate and prompt action was required against the organisation.

"The Central government is of the opinion that if there is no immediate curb or control of unlawful activities of the Muslim League Jammu Kashmir (Masarat Alam faction), it will use this opportunity to continue with the anti-national activities which are detrimental to the territorial integrity, security and sovereignty of the country; continue advocating the secession of Jammu and Kashmir form the Union of India while disputing its accession to the Union of India; and continue propagating false narratives and anti-national sentiments among the people of Jammu and Kashmir with the intention to cause disaffection against India and disrupt public order," mentioned the then notification.

Almost four days after declaring MLJK-MA an unlawful association, the MHA issued another order on December 31, declaring the TeH an unlawful association under UAPA for the next five years.

In its notification, the MHA said that the objective of the TeH is to separate Jammu and Kashmir from India and establish Islamic rule in the Union Territory, and that "the leaders and members of the TeH have been involved in raising funds through various sources, including Pakistan and its proxy organisations for perpetrating unlawful activities, including supporting terrorist activities, sustained stone-pelting on Security Forces in Jammu and Kashmir".

The Ministry then said the TeH and its members, by their activities, show sheer disrespect towards the constitutional authority and constitutional setup of the country.

"The TeH members are paying tribute to terrorists who were killed in encounters with security forces, and its members have been involved in supporting terrorist activities with an intent to create a reign of terror in the country, thereby endangering the security and public order of the state."

As per the MHA, the TeH and its leaders and members have been indulging in unlawful activities that are prejudicial to the integrity, sovereignty, security, and communal harmony of the country.

The Ministry had also said that the TeH never believed in a democratic system of governance, and the TeH leadership made repeated calls to boycott assembly elections on multiple occasions.

Explaining its action against the TeH, the MHA notification then pointed out, the Central government is of the opinion that "if there is no immediate curb or control of unlawful activities of the Tehreek-e-Hurriyat, Jammu and Kashmir, it will use this opportunity to continue advocating the secession of Jammu and Kashmir form the Union of India while disputing its accession to the Union of India; continue with the anti-national activities which are detrimental to the territorial integrity, security and sovereignty of the country; and continue propagating false narrative and anti-national sentiments among the people of Jammu and Kashmir with the intention to cause disaffection against India and disrupt public order."