Why in news?

• The Ministry of Home Affairs (MHA) has declared the Muslim League Jammu Kashmir (Masarat Alam faction) as an unlawful association.
• The organisation has been declared unlawful under the anti-terror Unlawful Activities (Prevention) Act (UAPA) for five years.

What’s in today’s article?

• Unlawful Activities Prevention Act – About, key provisions, 2019 amendment, sanctions to prosecute under the act
• News Summary

The Unlawful Activities Prevention Act (UAPA), 1967

• About
  • Enacted in 1967, UAPA is the primary counter-terror law in India.
  • It was enacted to outlaw and penalise unlawful and terrorist activities, which pose a threat to the integrity and sovereignty of India.
  • These activities include:
    • Aiding and abetting terrorists
    • Funding terrorists
    • Inciting anti-national feeling in the masses
    • Other unlawful activities against the state
• Key provisions of UAPA
  • Wide ranging powers to Central Govt
    • It provides wide-ranging powers to the Central Government to designate organisations as terrorist organisations and
    • It also prescribes the penalties for taking part in the activities of such organisations.
  • Applicability
    • It is also applicable if the offences are committed outside India. Both Indian and foreign nationals can be charged.
  • Timeline
    • A charge sheet can be filed in maximum 180 days after the arrests.
    • The investigation has to be completed within 90 days.
    • If investigation is not completed with the stipulated time, the accused is eligible for default bail.
  • Special court
    • The act establishes a special court designated to conduct trials.
• Sanction to prosecute under UAPA
• Section 45(1) of the UAPA says no court shall take cognizance of any offence under the Act without the previous sanction of the central or state government or any officer authorised by them.
• Under Section 45(2), the sanction for prosecution has to be given within a prescribed time only after considering the report by the competent authority.
• The authority is expected to make an independent review of the evidence gathered by the investigation agency before making a recommendation to the government for the sanction.
• Few important sections of UAPA
  • Section 13 - Punishment for unlawful activities
  • Section 16 - Punishment for terrorist act
  • Section 17 - Punishment for raising funds for terrorist act
  • Section 18 - Punishment for organising of terrorist camps
  • Section 22 - Punishment for threatening witness

2019 Amendment of UAPA

• The original act was amended in the years 2004, 2008, 2013, and 2019 to increase its scope and ambit. 2019 amendment changed the following:
• Who may commit terrorism:
  • The amendment additionally empowers the government to designate individuals as terrorists on the same grounds.
• Approval for seizure of property by NIA:
  • The Amendment adds that if the investigation is conducted by an officer of the NIA, the approval of the Director General of NIA would be required for seizure of such property.
• Insertion to schedule of treaties
  • The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
  • The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
  • The Amendment adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

News Summary: Hurriyat chief’s outfit declared unlawful association under UAPA

• The MHA banned the Masarat Alam faction of the Jammu and Kashmir Muslim League under the Unlawful Activities (Prevention) Act for five years.
• As per the MHA, this organization and its members are involved in anti-national and secessionist activities in J&K.
  • They are involved in supporting terrorist activities and inciting people to establish Islamic rule in J&K.
• The outfit was declared an unlawful association under Section 3 (3) of the UAPA for five years.

Who is Masarat Alam?

• He is the successor of the late Syed Ali Shah Geelani and incumbent Hurriyat Conference chairman. The Muslim League Jammu Kashmir (a separatist organisation) is led by him.
• In 2010, Alam was among the main organisers of anti-India protests in the Valley.
• Following the protests, he, along with other leaders, was arrested under PSA (Jammu and Kashmir Public Safety Act), but later released in 2015 by the Mehbooba Mufti-led government.
• Masarat Alam is currently in Jail and has been under detention for almost 13 years now.