Delhi HC Tribunal upholds ban on 6 Jammu and Kashmir separatist groups

New Delhi: A judicial tribunal of the Delhi High Court has upheld the Centre's ban on two factions of the separatist group Muslim Conference Jammu and Kashmir and four factions of another secessionist organisation, Jammu and Kashmir People's League (JKPL), for threatening India's integrity by promoting, aiding and abetting the secession of Jammu and Kashmir through terrorism.

Three separate orders -- one for the Muslim Conference Jammu and Kashmir (Bhat faction), another for Muslim Conference Jammu and Kashmir (Sumji faction) and a third one for the four factions of the JKPL -- upholding the ban imposed under the Unlawful Activities (Prevention) Act were issued by the tribunal consisting of Justice Neena Bansal Krishna, a Delhi High Court judge.

The Muslim Conference Jammu and Kashmir (MCJK-Bhat) was declared a banned association by the Ministry of Home Affairs (MHA) through a notification on February 28.

The tribunal was constituted on March 18 for the purpose of adjudicating whether or not there was sufficient cause for declaring the MCJK-Bhat an unlawful association.

"And, whereas, the said tribunal, in exercise of the powers conferred by sub-section (3) of section 4 of the Unlawful Activities (Prevention) Act, 1967, passed an order on August 23, 2024, confirming the declaration made in the said notification," the home ministry said through a notification issued on Tuesday.

While imposing the ban, the ministry had said the MCJK-Bhat had linkages with banned terror outfits and supported terrorism in Jammu and Kashmir, its members were indulging in generating feelings of hatred and disaffection against the country to separate Jammu and Kashmir from the Union of India, and its leaders and members were involved in raising funds through various sources, including from Pakistan and its proxy organisations, for perpetrating unlawful activities, including supporting terror activities and sustained stone-pelting on security forces.

The MHA had also said the MCJK-Bhat and its members, by their activities, showed sheer disrespect towards the country's constitutional authority and constitutional set up, gave a clarion call to boycott polls on multiple occasions, attempted to subvert the will of people and the democratic process in Jammu and Kashmir, and were involved in promoting, aiding and abetting the secession of Jammu and Kashmir from India through anti-national and subversive activities.

In the second order, the tribunal upheld the February 28 ban imposed on the MCJK (Sumji faction).

In its order issued on August 23, the tribunal accepted the home ministry's submission that the MCJK (Sumji faction), chaired by Ghulam Nabi Sumji, is known for its anti-India and pro-Pakistan propaganda, its members are involved in supporting terror activities and providing logistic support to terrorists in Jammu and Kashmir.

Besides being involved in raising funds through various sources, including from Pakistan and its proxy organisations, for perpetrating unlawful activities, its members were also involved in supporting terror activities, sustained stone-pelting on security forces and constantly asked the people of Kashmir to refrain from taking part in elections and thereby, targeted and hampered the very basic constitutionally-recognised fundamentals of Indian democracy.

In the third order, the tribunal confirmed the ban imposed on the four factions of the Jammu and Kashmir People's League -- JKPL (Mukhtar Ahmed Waza), JKPL (Bashir Ahmad Tota), JKPL (Ghulam Mohammad Khan alias Sopori), which is also known as Jammu and Kashmir People's Political League, and JKPL (Aziz Sheikh) led by Yaqoob Sheikh -- as unlawful associations.

While declaring the four JKPL factions outlawed under the UAPA on March 15, the MHA had said the groups were involved in supporting terror activities and spreading anti-India propaganda for fuelling secessionism in Jammu and Kashmir, and their members were involved in mobilising violent protests in various parts of Jammu and Kashmir for perpetrating unlawful activities.

The members of the groups were also involved in stone-pelting on security forces, have constantly asked the people of Jammu and Kashmir to refrain from taking part in elections and thereby, targeted and hampered the very basic constitutionally-recognised fundamentals of Indian democracy, the ministry had said.

The tribunal, in its August 29 order, said: "From the elaborate material and evidence placed on record in these proceedings, this tribunal finds that there is ample justification to uphold the ban on the four factions of the JKPL and uphold the declaration of the four factions of the JKPL, namely JKPL (Mukhtar Ahmed Waza), JKPL (Bashir Ahmed Tota), JKPL (Ghulam Mohammed Khan @ Sopori) also known as Jammu and Kashmir People's Political League, and JKPL (Aziz Sheikh) led by Yaqoob Sheikh as being 'unlawful associations' under the UAPA."