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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-12042024-253660
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 1574] NEW DELHI, WEDNESDAY, APRIL 10, 2024/CHAITRA 21, 1946
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 10th April, 2024
S.O. 1657(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 Jammu and Kashmir Democratic Freedom Party (JKDFP) as an unlawful association vide notification of the
Government of India in the Ministry of Home Affairs number S.O. 4348 (E), dated the 5th October, 2023 (herein after
referred to as said notification);
And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 5 of
the said Act constituted the Unlawful Activities (Prevention) Tribunal (hereinafter referred to as the said Tribunal)
consisting of Hon'ble Mr. Justice Sachin Datta, Judge of the High Court of Delhi vide notification of the Government
of India in the Ministry of Home Affairs number S.O. 4639 (E), dated the 23rd October, 2023;
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 3rd November, 2023 for the purpose of adjudicating
whether or not there was sufficient cause for declaring the Jammu and Kashmir Democratic Freedom Party (JKDFP)
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 3rd April, 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: 3rd April, 2024
IN THE MATTER OF :
Gazette Notification No. S.O. 4348(E). dated 05th October, 2023 declaring the Jammu and Kashmir Democratic
Freedom Party (JKDFP) as unlawful association under the Unlawful Activities (Prevention) Act, 1967.
AND IN THE MATTER OF :
Reference under 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. 4639(E). dated 23rd October, 2023.
Present:
Ms. Aishwarya Bhati (ASG) along with Mr. Rajat Nair, Mr. Jay Prakash Singh, Ms. Priyanka
Dalal, Mr. Annirudh Sharma, Mr. Dhruv Pande, 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 for Union Territory of Jammu & Kashmir.
ORDER
CORAM:
Mr. Manoj Kumar Singh, Asstt. Director, Mr. Antariksh Singh Rathore, Asstt. Commandant and
Mr. Sameer Shukla, Asstt. Section Officer, Ministry of Home Affairs.
Mr. Himanshu Goel, Law Researcher.
Mr. Sanjay Pokhriyal, Registrar, Unlawful Activities (Prevention) Tribunal.
HON'BLE MR. JUSTICE SACHIN DATTA
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. 4639(E). dated 23rd October, 2023 under Section 5(1) of the Act made by the Government of
India, Ministry of Home Affairs, for adjudicating whether or not there is sufficient cause for declaring the Jammu and
Kashmir Democratic Freedom Party (‘JKDFP' or 'association' in short) as an "unlawful association".
I. THE NOTIFICATION
2. The Central Government published Gazette Notification (extra-ordinary) No. S.O. 4348(E). dated 05th October,
2023 in exercise of powers conferred under Section 3(1) of the Act and declared JKDFP 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 5th October, 2023
reads as under :-
"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 prominent separatist known for his anti-India and
pro-Pakistan propaganda;
And whereas, the founder of 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
sources 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 found Shabir Ahmad Shah, have
been indulging in unlawful activities, which are prejudicial 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 organization;
And Whereas, the Central Government is of the opinion that if there is no immediate curb or control of
unlawful activities 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 secession 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-mentioned reasons is firmly of the opinion that
having regard to the activities of the Jammu and Kashmir Democratic Party, it is necessary to declare the
Jammu and Kashmir Democratic Freedom Party (JKDFP) as an ‘unlawful association' with immediate effect;
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 unlawful 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 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 Official 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 JKDFP was formed in the year 1998 with Shabir Ahmad Shah, a separatist
leader, as its chairman. The association is known for its anti-India and pro-Pakistan propaganda, referring to Kashmir
as a 'dispute', and ruling out any settlement within the framework of the Constitution of India. JKDFP has
continuously advocated the secession of Jammu & Kashmir from the Union of India while disputing its accession to
the Union of India; its members have shown sheer disrespect towards the constitutional authority and constitutional
set-up of the country. The background note further states that since 1998, JKDFP has been organizing various
processions in support of Kashmir's 'freedom struggle', as also press-meetings in which Shabir Shah made stand of
JKDFP clear on the 'ongoing struggle' in Kashmir, and blamed the Government of India for not acting sincerely
towards the solution of Kashmir issue. Shabir Shah had given a boycott call of 1998 general elections. It is further
stated that members of JKDFP have been at the forefront of secessionist activities in Jammu and Kashmir and want to
create a separate Islamic State. Shabir Shah was reportedly taken into confidence by Pakistan Government through
Pakistan based terrorist outfit 'Muslim Janbaz Force' (MJF) Chief and Vice Chairman of United Jehad Council,
'Mohammad Iqbal Kotwal' @ Kaka Kotwal @ Usman and a sum of Rs. 1.2 crore is stated to have been given to him
through different channels by the cross-border agency during 1999.
Leadership
6. As per the background note, in September 2020, there were 11 Executive Committee/EC members in JKDFP,
including Shabir Shah, out of which two EC members namely Mehmood Ahmad Sagar (Acting Chairman, JKDFP)
and Bashir Ahmad Shah @ Meeras (Spokesperson of JKDFP in Pakistan) are settled in Pakistan. It is stated that with
Shabir Shah in Jail, many of the functionaries of JKDFP are lying low. Some of the important leaders, associated
with JKDFP, are stated to be as under:
a) Shabir Ahmad Shah (Chairman, currently in Tihar Jail)
b
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