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REGD. No. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
CG-DL-E-01072024-255062
No. 2388] NEW DELHI, MONDAY, JULY 1, 2024/ASHADHA 10, 1946
3871 GI/2024
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 1st July, 2024
S.O. 2517(E).— Whereas, the Central Government in exercise of the powers conferred by sub-section (1) of
section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) (herein after referred to as said Act), declared
the Muslim League Jammu Kashmir (Masarat Alam faction) (MLJK-MA) as an unlawful association vide notification
of the Government of India in the Ministry of Home Affairs number S.O. 5462 (E), dated 27th December, 2023
(hereinafter referred to as said notification) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (ii) dated 27th December, 2023;
And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 5
read with Sub-section (1) of Section 4 of the said Act constituted the Unlawful Activities (Prevention) Tribunal
(hereinafter referred to as the said Tribunal) consisting of Justice Sachin Datta, Judge, High Court of Delhi vide
notification of the Government of India in the Ministry of Home Affairs number S.O. 167 (E), dated 15th January,
2024 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) dated 15th January, 2024;
And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 4 of
the said Act referred the said notification to the said Tribunal on 24th January, 2024 for the purpose of adjudicating
whether or not there was sufficient cause for declaring the Muslim League Jammu Kashmir (Masarat Alam faction)
(MLJK-MA) as an unlawful association;
And, whereas, the said Tribunal in exercise of the powers conferred by sub-section (3) of section 4 of the said
Act, passed an order on 22nd June, 2024, confirming the declaration made in the said notification;
Now, therefore, in pursuance of sub-section (4) of section 4 of the said Act, the Central Government hereby
publishes the order of the said Tribunal, namely :-
“UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL,
NEW DELHI
Date of Decision: June 22, 2024
IN THE MATTER OF :
Gazette Notification No. S.O. 5462(E), dated 27th December, 2023 declaring the Muslim League Jammu Kashmir
(Masarat Alam Faction) [MLJK-MA] as unlawful association under the Unlawful Activities (Prevention) Act, 1967.
AND IN THE MATTER OF:
Reference under sub-section 1 of Section 5 read with sub-section 1 of Section 4 of the Unlawful Activities
(Prevention) Act, 1967 made to this Tribunal by the Government of India through Ministry of Home Affairs vide
Gazette Notification No. S.O. 167(E), dated 15th January, 2024.
Present: Ms. Aishwarya Bhati (ASG) along with Mr. Rajat Nair, Mr. Jay Prakash Singh, Ms. Priyanka Dalal,
Mr. Annirudh Sharma, Mr. Dhruv Pande, Mr. Navanjay Mahapatra, Mr. Bhuvan Kapoor,
Ms. Poornima Singh, Ms. Manisha Chava, Mr. Rustam Singh Chauhan, Mr. Abhijeet Singh and
Mr. O. P. Singh, Advocates for the Union of India.
Mr. Parth Awasthi, Advocate with Ms. Deepika Gupta, Advocate for Union Territory of Jammu &
Kashmir.
Ms. Warisha Farasat, Mr. Aman Naqvi and Ms. Mreganka Kukreja, Advocates for Masarat Alam /
Muslim League Jammu Kashmir (Masarat Alam Faction)
Mr. Manoj Kumar Singh, Asstt. Director and Mr. Sameer Shukla,
Asstt. Section Officer, Ministry of Home Affairs.
Mr. Sanjay Pokhriyal, Registrar, Unlawful Activities (Prevention) Tribunal.
Mr. Sunil Dutt, Deputy Registrar, Unlawful Activities (Prevention) Tribunal.
Mr. Himanshu Goel and Mr. Saksham Sethi, Law Researchers.
CORAM:
HON’BLE MR. JUSTICE SACHIN DATTA
ORDER
1. This order answers reference under Section 4(3) read with Section 3(3) of the Unlawful Activities
(Prevention) Act, 1967 (hereinafter referred to as the ‘Act’ or ‘UAPA’, for short) made to this Tribunal constituted
vide Gazette Notification No. S.O. 167(E), dated 15th January, 2024 under Section 5(1) read with Section 4(1) of the
Act by the Government of India, Ministry of Home Affairs, for adjudicating whether or not there is sufficient cause
for declaring the Muslim League Jammu Kashmir (Masarat Alam Faction) (‘MLJK-MA’ or ‘association’ in short)
as an “unlawful association”.
I. THE NOTIFICATION
2. The Central Government published Gazette Notification (extra-ordinary) No. S.O.5462(E), dated 27th
December, 2023 in exercise of powers conferred under Section 3(1) of the Act and declared MLJK-MA to be an
“unlawful association”. A copy of the said notification has been sent to this Tribunal, as contemplated under Rule 5(i)
of the Unlawful Activities (Prevention) Rules, 1968 (“UAP Rules” in short). The said notification dated 27th
December, 2023 reads as under:-
“MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 27th December, 2023
S.O. 5462(E)-Whereas, the Muslim League Jammu Kashmir (Masarat Alam faction) (hereinafter
referred to as the MLJK-MA), chaired by Masarat Alam Bhat is known for its anti-India and pro-Pakistan
propaganda;
And, whereas, the objectives of MLJK-MA are to get freedom of Jammu and Kashmir from India so as to
realize the merger of Jammu and Kashmir with Pakistan and establish Islamic rule in Jammu and Kashmir;
And, whereas, the members of the MLJK-MA have been indulging in the secessionist activities in the
Jammu and Kashmir;
And, whereas, the leaders and members of the MLJK-MA have been involved in raising funds through
various sources including Pakistan and its proxy organizations or perpetrating unlawful activities, including
supporting terrorist activities, sustained stone-pelting on Security Forces in Jammu and Kashmir;
And, whereas, the MLJK-MA and its members by their activities show sheer disrespect towards the
constitutional authority and constitutional set up of the country;
And, whereas, the MLJK-MA 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 of the country,
And, whereas, there had been a number of inputs showing linkages of the MLJK-MA with banned
terrorist organisations;
And, whereas, 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 to the constitutional authority and sovereignty
of the State, hence an immediate and prompt action is required against the organization;
And, whereas, 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 t –
(i) continue with the anti-national activities which are detrimental to the territorial integrity,
security and sovereignty of the country;
(ii) continue advocating the secession of Jammu and Kashmir from the Union of India while
disputing its accession to the Union of India; and
(iii) 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;
And, whereas, the Central Government for the above-mentioned reasons is firmly of the opinion that
having regard to the activities of the Muslim League Jammu Kashmir (Masarat Alam faction), it is necessary to
declare the Muslim League Jammu Kashmir (Masarat Alam faction) as an 'unlawful association' with immediate
effect;
Now, Therefore, in exercise of the powers conferred by sub-section (1) of the section 3 of the Unlawful
Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Muslim League
Jammu Kashmir (Masarat Alam faction) as an unlawful association;
The Central Government, having regard to the above circumstances, is of firm opinion that it is
necessary to declare the Muslim League Jammu Kashmir (Masarat Alam faction) as an 'unlawful association'
with immediate effect, and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of
section 3 of the said Act, the Central Government hereby directs that this 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 Oficial Gazette.”
3. As can be seen, the notification also enumerates the reasons/ circumstances, as contemplated under proviso
to Section 3(3) of the Act, for declaring the association as unlawful, with immediate effect.
II. THE BACKGROUND NOTE.
4. Along with the reference to this Tribunal under Section 4 of the UAPA, the Central Government has
submitted and filed before this Tribunal a background note, as contemplated under Rule 5(ii) of the UAP Rules, 1968.
5. The background note states that the Muslim League Jammu Kashmir/MLJK was formed in 1982 by
Mohammad Altaf Khan @ Azam Inquilabi and became a constituent of the All Party Hurriyat Conference (APHC),
when the latter was formed in 1993. At that point, the MLJK was led by Mushtaq-ul-Islam @ Goga. Masarat Alam, a
hard-core pro-Pak activist, joined the organization in 1998 at the insistence of Goga. Later, after the split of APHC in
2003, one faction of MLJK remained with Mirwaiz (APHC-A) and the other led by Masarat Alam went with SAS
Geelani (APHC-G). They came to be known as Muslim League Jammu Kashmir (Masarat Alam). It is also to be
mentioned that before joining Muslim League Jammu Kashmir, Masrat Alam had joined militant outfit Hizbulla
during 1990 for which he was arrested twice in 1990 and in 1993.
6. The Muslim League Jammu Kashmir (Masarat Alam faction)/MLJK-MA, chaired by Masarat Alam Bhat is
known for its anti-India and
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