TAG: GS 2: POLITY
THE CONTEXT: The Unlawful Activities Prevention Act (UAPA) tribunal, headed by Justice Dinesh Kumar Sharma of the Delhi High Court, has upheld the Indian government’s decision to ban the Popular Front of India (PFI) and its seven affiliates.
EXPLANATION:
- This decision, announced on May 21, 2024, supports the Centre’s stance that these organizations are involved in activities threatening India’s integrity and sovereignty.
- The PFI and its affiliates, including the Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala, have been under scrutiny for their alleged unlawful activities.
- The Ministry of Home Affairs (MHA) issued a gazette notification on September 27, 2022, declaring these organizations as “unlawful associations.”
- This move followed a significant crackdown by the National Investigation Agency (NIA) and the Enforcement Directorate (ED), resulting in the arrest of over 108 senior leaders and members of PFI.
Tribunal’s Findings
- The tribunal found the evidence presented by the Union government against PFI and its affiliates to be “credible” and “trustworthy.”
- Senior advocate representing the Centre, highlighted that the government was able to prove substantial material regarding the activities of these organizations.
- Allegations Against PFI
- The tribunal accepted the Centre’s assertion that the PFI aimed to establish a “caliphate rule” in India by 2047.
- This objective was seen as a direct threat to the country’s secular and democratic fabric.
- The tribunal also agreed with the government’s claim that PFI was involved in the “political murders” of prominent individuals within the Hindu community.
- These acts were part of a broader strategy to destabilize the country and further their goal of creating an Islamic State.
- While acknowledging that PFI and its affiliates are lawful organizations on paper, the tribunal noted that their activities are unlawful.
- The organizations, despite their stated objectives, were found to be engaging in actions detrimental to the nation’s integrity and sovereignty.
- In its comprehensive 285-page report, the tribunal detailed its rationale for upholding the ban.
- The report highlighted that the organizations’ activities, although lawful in name, were inherently unlawful and threatened national security.
- Following the tribunal’s decision, the detailed order will be submitted to the MHA in a sealed cover.
- The MHA will then release the findings through a Gazette notification, making the decision official and binding.
Unlawful Activities Prevention Act (UAPA)
- It was passed in 1967 and aimed at effective prevention of unlawful activities associations in India.
- Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
- It empowers the central government to declare an association as unlawful if it believes that the association is involved in unlawful activities that threaten the sovereignty, unity, and integrity of India.
- It leaves very little room for judicial reasoning, and makes the grant of bail virtually impossible under UAPA. It has death penalty and life imprisonment as highest punishments.
- Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
- Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
- The 2004 amendment added “terrorist act” to the list of offences to ban organizations for terrorist activities. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.
Features of 2019 Amendment:
- Under the Act, the central government may designate an organisation as a terrorist organisation if it:
- commits or participates in acts of terrorism,
- prepares for terrorism,
- promotes terrorism, or
- is otherwise involved in terrorism.
- It additionally empowers the government to designate individuals as terrorists on the same grounds.
- Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. It additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
- The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
UAPA Tribunal:
- The UAPA provides for a tribunal to be constituted by the government for its bans to have long-term legal sanctity.
- It is headed by a retired or sitting judge of a High Court.
- On receiving notification from the Centre, the Tribunal calls upon the concerned association to show cause, within 30 days from the date of the service of such Centre’s notice, that why it should not be declared unlawful.
- After hearing arguments from both sides, the Tribunal can hold an inquiry to decide within 6 months whether there is sufficient evidence to declare an association unlawful association.
- Under the UAPA, the Centre’s notification cannot have an effect until the tribunal confirms the declaration in its order.