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Core Purpose

Notification under section 3(1) of the Unlawful Activities (Prevention) Act, 1967 declaring the Tehreek-e-Hurriyat, Jammu and Kashmir as an unlawful association for five years.

Detailed Summary

In S.O. 5532(E) dated 31st December 2023, the Ministry of Home Affairs recites that the Tehreek-e-Hurriyat, Jammu and Kashmir (TeH) is known for fomenting terrorism and anti-India propaganda, seeks to separate Jammu and Kashmir from India and establish Islamic rule, has raised funds including through Pakistan and its proxy organisations to support terrorist activities and sustained stone-pelting on security forces, has shown disrespect towards the constitutional authority and set-up of the country, has paid tribute to terrorists killed in encounters with security forces, has never believed in democratic governance and has called for boycotts of assembly elections, and has engaged in unlawful activities prejudicial to the integrity, sovereignty, security and communal harmony of the country; the Central Government, exercising powers under sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), declares the TeH an unlawful association, and, exercising powers under the proviso to sub-section (3) of section 3 of the said Act, directs that this notification shall, subject to any order under section 4 of the Act, have effect for a period of five years from the date of its publication in the Official Gazette; issued under F. No. 14017/19/2023-NI-MFO and signed by Praveen Vashista, Additional Secretary.

Full Text

8063 GI/20 23 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5299] NEW DELH I, SUNDAY , DECEMBER 31, 2023/ PAUS HA 10, 1945 CG-DL-E-31122023-250996 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 31st December , 2023 S.O. 5 532(E).— Whereas, the Tehreek -e-Hurriyat, Jammu and Kashmir (hereinafter referred to as the TeH), is known for its involvement in fomenting terrorism and anti -India propaganda for fueling the secession ist activities in the Jammu and Kashmir; And, whereas, the objective of TeH is to separate Jammu and Kashmir from India and establish Islamic rule in Jammu and Kashmir; And, whereas, the leaders and members of the TeH have been involved in raising funds through various sources including Pakistan and its proxy organisations for perpetrating unlawful activities, including supporting terrorist activities, sustained stone -pelting on Security Forces in Jammu and Kashmir; And, whereas, the TeH and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set up of the country; And, whereas, the TeH members are paying tributes to terrorists who were killed in encounters w ith Security Forces 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, whereas, the TeH and its leaders and members, have been indulging in unlawful activities, which are prejudicial to the integrity, sovereignty, security and communal harmony of the country; And, whereas, the TeH never believed in a democratic system of governance and TeH leadership gave repeate d calls to boycott assembly elections on multiple occasions; And, whereas, the Central Government is of the opinion that if there is no immediate curb or control of unlawful activities of the Tehreek -e-Hurriyat, Jammu and Kashmir, it will use this opportun ity to – (i) continue advocating the secession of Jammu and Kashmir form the Union of India while disputing its accession to the Union of India; and (ii) continue with the anti -national activities which are detrimental to the territorial integrity, security and sovereignty of the country; 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 t he abovementioned reasons is firmly of the opinion that having regard to the activities of the Tehreek -e-Hurriyat, Jammu and Kashmir (TeH), it is necessary to declare the Tehreek -e- Hurriyat, Jammu and Kashmir (TeH), as an ‘unlawful association’ with immedi ate 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 Tehreek -e-Hurriyat, Jammu and Kashmir (TeH), as a n unlawful association; The Central Government, having regard to the above circumstances, is of firm opinion that it is necessary to declare the Tehreek -e-Hurriyat, Jammu and Kashmir (TeH), as an ‘unlawful association’ with immediate effect, and according ly, 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 f or a period of five years from the date of its publication in the Official Gazette. [F. No. 14017/19/2023 -NI-MFO ] PRAVEEN VASHISTA , Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Pub lished by the Controller of Publications, Delhi -110054.

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