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Core Purpose

The Central Government publishes the order of the Unlawful Activities (Prevention) Tribunal confirming the declaration of the Awami Action Committee (AAC) as an unlawful association under sub-section (4) of section 4 of the Unlawful Activities (Prevention) Act, 1967.

Detailed Summary

This notification (S.O. 4223(E) dated 18th September, 2025) by the Ministry of Home Affairs publishes the order of the Unlawful Activities (Prevention) Tribunal. The Central Government had initially declared the Awami Action Committee (AAC) as an unlawful association under sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), vide notification S.O. 1115(E) dated 11th March, 2025. Subsequently, the Unlawful Activities (Prevention) Tribunal, consisting of Justice Sachin Datta, Judge, High Court of Delhi, was constituted under sub-section (1) of section 5 read with sub-section (1) of section 4 of the said Act, vide notification S.O. 1579(E) dated 3rd April, 2025. The Central Government referred the declaration to the Tribunal on 8th April, 2025, for adjudication. The Tribunal, in exercise of powers under sub-section (3) of section 4 of the Act, passed an order on 3rd September, 2025, confirming the declaration that the Awami Action Committee (AAC) is an unlawful association. The initial declaration cited reasons including AAC's involvement in unlawful activities prejudicial to India's integrity, sovereignty, and security; supporting terrorist activities and anti-India propaganda; fuelling secessionism in Jammu and Kashmir; mobilising funds for unlawful activities; promoting secession of J&K; and engaging in anti-national and subversive activities. Specific instances included an NIA charge sheet against Aftab Ahmad Shah @ Shahid-ul-Islam and 11 others in RC10/2017 on January 18, 2018, under sections 120B, 121, 121A, 124A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 39, 40 of the Unlawful Activities (Prevention) Act, 1967. Other cases were cited against Umar Farooq (Chairman of AAC) under the Ranbir Penal Code and Unlawful Activities (Prevention) Act, 1967, registered at Nowhatta, Safakadal, and Kothi Bagh Police Stations in Srinagar between 2008 and 2011. The Central Government declared the AAC an unlawful association with immediate effect for a period of five years from the date of its publication, as per the proviso to sub-section (3) of section 3 of the Act, subject to any order under section 4. The notification also mentions the reference to the Tribunal was accompanied by a background note.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-18092025-266239 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4106] NEW DELHI, THURSDAY, SEPTEMBER 18, 2025/BHADRA 27, 1947 6195 GI/2025 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 18th September, 2025 S.O. 4223(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) (hereinafter referred to as the said Act), declared the Awami Action Committee (AAC) as an unlawful association, vide notification of the Government of India in the Ministry of Home Affairs, number S.O. 1115(E), dated the 11th March, 2025 (hereinafter referred to as the said notification) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 11th March, 2025; 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. 1579(E), dated the 3rd April, 2025, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 3rd April, 2025; 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 8th April, 2025 for the purpose of adjudicating whether or not there was sufficient cause for declaring the Awami Action Committee (AAC) 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 September, 2025, 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: 03.09.2025 IN THE MATTER OF: Gazette Notification No. S.O. 1115(E) dated 11th March, 2025 declaring the Awami Action Committee (AAC) as an unlawful association under the Unlawful Activities (Prevention) Act, 1967. AND IN THE MATTER OF: Reference under Section 4(1) 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. 1579 (E) dated 3rd April, 2025. Present: Ms. Aishwarya Bhati (ASG) along with Ms. Poornima Singh, Ms. Shreya Jain, Mr. Ketan Paul, Mr. Sharath N. Nambiar, Mr. Shantnu Sharma, Mr. Aakarsh Mishra and Mr. Arkaj Kumar, Advocates for Union of India. Mr. Parth Awasthi, Advocate, Advocate for Union Territory of Jammu & Kashmir along with Mr. Suhaib Ashraf, Chief Prosecuting Officer, J&K. Dr. Sumedh Kumar Sethi, Registrar (DHJS) Unlawful Activities (Prevention) Tribunal. Ms. Samridhi Vats, Ms. Sanjana Lal and Ms. Sanya Sikri, Law Researchers. Mr. Manoj Kumar Singh, Asstt. Director, Mr. Antariksh Singh Rathore, Asstt. Commandant and Mr. Sameer Shukla, Asstt. Section Officer, Ministry of Home Affairs. ORDER 1. This order answers the 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.1579 (E) dated 3rd April, 2025 under Section 5(1) of the Act issued by the Government of India, Ministry of Home Affairs, for adjudicating whether or not there is sufficient cause for declaring Awami Action Committee (hereinafter referred to as 'AAC' or 'association' or 'organisation' for short) as an "unlawful association". 2. THE NOTIFICATION I. The Central Government published Gazette Notification (extra-ordinary) No. S.O. 1115 (E) dated 11th March, 2025 in exercise of powers conferred under Section 3(1) of the Act and declared AAC 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 11th March, 2025 reads as under:- "S.O. 1115(E)-Whereas, the Awami Action Committee (hereinafter referred to as the AAC), chaired by Umar Farooq is indulging in unlawful activities, which are prejudicial to the integrity, sovereignty and security of the country; And, whereas, members of the AAC have remained involved in supporting terrorist activities and anti-India propaganda for fuelling secessionism in Jammu and Kashmir; And, whereas, the leaders and members of AAC have been involved in mobilising funds for perpetrating unlawful activities, including supporting secessionist, separatist and terrorist activities in Jammu and Kashmir; And, whereas, the AAC and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set up of the country; And, whereas, AAC is involved in promoting and aiding the secession of Jammu and Kashmir from India by involving in anti-national and subversive activities; sowing seeds of dis-affection amongst people; exhorting people to destabilise law and order; encouraging the use of arms to separate Jammu and Kashmir from the Union of India and promoting hatred against established Government; And, whereas, the Central Government is of the opinion that AAC is indulging in the activities which are prejudicial to the integrity and security of the country, inter alia, on the following grounds, namely: - (1) National Investigation Agency has filed charge sheet against Aftab Ahmad Shah @ Shahid-ul-Islam (spokesman and media advisor of AAC) and 11 others before the NIA Special Court, Patiala House, New Delhi in RC10/2017 on January 18, 2018 under sections 120B, 121, 121A and 124A of Indian Penal Code and sections 13, 16, 17,18, 20, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967; (2) Case Crime No. 96/2008 has been registered at Nowhatta Police Station, Srinagar under section 120B and 153 Ranbir Penal Code and section 13 of the Unlawful Activities (Prevention) Act, 1967 against Umar Farooq fordelivering a speech against the Government of India and for stressing upon the people for elections boycott etc; (3) Case Crime No. 128/2010 has been registered at Safakadal Police Station, Srinagar under section 13 of the Unlawful Activities (Prevention) Act, 1967 against Umar Farooq and others for delivering a lecture and provoking the people against the Government and for raising anti-national slogans; (4) Case Crime No. 60/2010 has been registered at Kothi Bagh Police Station, Srinagar under section 436,153A, 109,147, and 336 of Ranbir Penal Code and section 13 of the Unlawful Activities (Prevention) Act, 1967 against Umar Farooq, Mushtaq-ul-Islam, Nisar Ahmad Rather and Nisar Ahmad Bhat for shouting slogans against the integrity of India and for delivering a speech stating that they would struggle till Jammu and Kashmir is not separated from Union of India, and for also pelting stones; (5) Case Crime No. 56/2011 has been registered at Kothi Bagh Police Station, Srinagar under section 13 ofthe Unlawful Activities (Prevention) Act, 1967 against Umar Farooq, wherein, he supported the Hartal call given by Syed Ali Shah Geelani for 03 August, 2011 and for instigating the general people and the youth of valley for waging waragainst the sovereignty of India; And, whereas, the Central Governmentis further of the opinion that if there is no immediate curb or control ofunlawful activities of the Awami Action Committee (AAC), it will use this opportunity to – (i) continue with the anti-national activities which are detrimental to the territorial integrity, securityand 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; (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 (iv) escalate secessionist movements, support militancy and incite violence in the country; And, whereas, the Central Government for the above mentioned reasons is firmly of the opinion that having regard to the activities of the Awami Action Committee (AAC), it is necessary to declare the Awami Action Committee (AAC) 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 Awami Action Committee (AAC) asan unlawful association; The Central Government, having regard to the above circumstances, is of firm opinion that it is necessary todeclare the Awami Action Committee (AAC) as an unlawful association with immediate effect, and accordingly, inexercise 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

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