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Core Purpose

Notification declaring the Jammu and Kashmir Democratic Freedom Party (JKDFP) an unlawful association under section 3(1) of the Unlawful Activities (Prevention) Act, 1967, effective for five years from the date of publication.

Detailed Summary

The Ministry of Home Affairs, by notification S.O. 4348(E) dated 5 October 2023, exercising powers under sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), declares the Jammu and Kashmir Democratic Freedom Party (JKDFP) — formed in 1998 by Shabir Ahmad Shah — an "unlawful association", citing grounds including anti-India and pro-Pakistan propaganda, disputing Jammu and Kashmir's accession to India, leading secessionist and insurrectionary activities aimed at creating a separate Islamic State, raising funds including from Pakistan and its proxy organisations to support terrorist activities and stone-pelting on security forces, linkages with banned terrorist organisations, and activities prejudicial to the integrity, sovereignty, security and communal harmony of the country; under the proviso to sub-section (3) of section 3, the Central Government directs that the notification, subject to any order under section 4, shall have effect for a period of five years from the date of its publication in the Official Gazette.

Full Text

6312 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4177 ] NEW DELHI, THURSDAY, OCTOBER 5, 2023/ASVINA 13, 1945 CG-DL-E-05102023-249166 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 5th October , 2023 S.O. 4348 (E).—Whereas, the Jammu and Kashmir Democratic Freedom Party (hereinafter referred to as the JKDFP) was formed in 1998 by Shabir Ahmad Shah, a prominen t separatist known for his anti -India and pro -Pakistan propaganda; And whereas , the founder of the JKDFP had called Kashmir as a ‘dispute’ and ruled out any settlement within the framework of the Constitution of India; And Whereas, the members of the JKDFP have been at the forefront of secessionist activities in the Jammu and Kashmir and want to create a separate Islamic State; And Whereas, the leader or members of the JKDFP have been involved in raising funds through various sourc es including Pakistan and its proxy organizations for perpetrating unlawful activities, including supporting terrorist activities, sustained stone -pelting on Security Forces in Jammu and Kashmir; And Whereas, the JKDFP and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set up of the country; And Whereas, the JKDFP and its leaders or members, particularly its founder Shabir Ahmad Shah, have been indulging in unlawful activities, which are prej udicial to the integrity, sovereignty, security and communal harmony of the country; And Whereas, there have been a number of inputs showing linkages of the JKDFP with banned terrorist organizations; And Whereas, the JKDFP and its members have been involved in the violent 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 organisation; And Whereas, the Central Government is of the opinion that if there is no immediate curb or control of unlawful activit ies of the Jammu and Kashmir Democratic Freedom Party, it will use this opportunity to – (i) continue with the anti -national activities which are detrimental to the territorial integrity, security and sovereignty of the country; (ii) continue advocating the secessi on of the Jammu and Kashmir from the Union of India while disputing its accession to the Union of India; (iii) escalate its insurrectionary activities including attempt to carve out an Islamic State out of the territory of the Union of India by destabilizing the Government established by law; and (iv) continue propagating anti -national sentiments of 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 -mentio ned reasons is firmly of the opinion that having regard to the activities of the Jammu and Kashmir Democratic Freedom Party , it is necessary to declare the Jammu and Kashmir Democratic Freedom Party (JKDFP) as an ‘unlawful association’ with immediate effec t; Now, therefore , in exercise of the powers conferred by sub -section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Jammu and Kashmir Democratic Freedom Party (JKDFP) as an unl awful association; The Central Government, having regard to the above circumstances, is of firm opinion that it is necessary to declare the Jammu and Kashmir Democratic Freedom Party (JKDFP) as an unlawful association with immediate effect, and accordingl y, 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 fo r a period of five years from the date of its publication in the Official Gazette. [F. No.14017/12/2023 -NI-MFO ] PRAVEEN VASHISTA , Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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