UAPA Tribunal Declares 'Jammu And Kashmir Ittihadul Muslimeem' As Unlawful Association Under UAPA

The UAPA Tribunal headed by Delhi High Court judge, Justice Sachin Datta, has declared Jammu and Kashmir Ittihadul Muslimeen (JKIM) as an unlawful association under the UAPA.“Thus, an order is passed under Section 4 (3) of the UAPA, 1967, confirming the declaration made in the notification bearing no.S.O.1114(E), published in the official gazette on 11.03.2025 issued under Section 3(1) of the UAPA, 1967,” Justice Datta said in an order passed on September 03. As per the Central Government, JKIM is a Pakistan backed separatist organisation, currently headed by Masroor Abbas Ansari- who has been a founder constituent of All Party Hurriyat Conference and very proactive in fuelling secessionism and organizing separatist activities in Jammu and Kashmir. It was alleged that JKIM is a separatist organization which has been fuelling secessionism in Jammu & Kashmir and that it has been lending direct and indirect support to terrorist activities and has been collaborating with inimical elements from across the border. Justice Datta held that there was cogent basis for issuing the notification under Section 3(1) of the UAPA declaring JKIM as an unlawful association. The Court said that it is not necessary that the association should be a “militant organization”, adding that the emphasis by the association on it being a “moderate association” has no bearing on the issue whether it should be declared as an unlawful association or not. It added that what is relevant is whether activities of the association constitute “unlawful activity” in the statutory sense.“The FIRs and the material collected during investigation bring out that the association in question, through its erstwhile chief protagonist, has been supportive of secessionist activities, preaching disaffection against the Indian state, openly organising protest/s, raising slogans in which the status of J & K as integral part of India is disputed,” the Court said. It added that the UAPA Tribunal is not concerned with the guilt or otherwise of the accused in the FIRs against JKIM and that the ambit of the proceedings before the Tribunal is not to conduct a mini trial. The Court further said that the FIRs only constitute one set of material or evidence which the Tribunal is bound to consider for adjudging existence of “sufficient cause” for the purpose of issuing the notification under Section 3(1) of the UAPA. “From the speeches/interviews of Molvi Abbas Ansari (the erstwhile chairman) and Masroor Abbas Ansari (the current chief protagonist of the Association), it is apparent that the Association advocates /endorses /seeks to legitimize the separatist ideology. Further, the same undermines the sovereignty and territorial integrity of India and foments discontent/dissatisfaction towards India. The video/ interviews speak of “right of self-determination”/ plebiscite etc. The sloganeering in the videos is also illustrative of the manner in which dissatisfaction towards India is fomented,” the Court said. “From the elaborate material /evidence placed on record in these proceedings, this Tribunal finds that there is ample justification to declare JKIM as an unlawful association under the UAPA. Moreover, given the nature of activities of the association, the Central Government was justified in taking recourse to the proviso to Section 3 (3) of the UAPA for the reasons given in the notification,” it added.Click here to read order

UAPA Tribunal Declares 'Jammu And Kashmir Ittihadul Muslimeem' As Unlawful Association Under UAPA

Nupur Thapliyal

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