Excelsior Correspondent
JAMMU, Sept 25: Around six months after the Central Government declared Jammu and Kashmir Liberation Front (Mohd Yasin Malik faction) as an unlawful association, the Unlawful Activities (Prevention) Tribunal has confirmed the ban.
Observing that the activities of JKLF -Y, its office bearers and members have been disruptive in character which threaten the sovereignty and territorial integrity of India, Justice Chander Shekhar of the Tribunal ordered that the ban imposed vide Notification number S.O 1403(E) dated 22nd March 2019 declaring the Jammu and Kashmir Liberation Front ( Mohd Yasin Malik faction) as an `unlawful association’ under Section 3(1) & (3) of the Act, is confirmed.
“They have been acting in collusion with other similar groups to disrupt peace and harmony in Jammu and Kashmir. The Central Government had sufficient credible material and ground for taking action under Sub-Section (1) & (3) of Section 3 of the Act for declaring JKLF-Y as an Unlawful Association and according it is held that there is sufficient cause to confirm the notification under sub-Section (3) of Section 4 of the Act,” ruled the Tribunal.
It may be recalled that the Central Government in exercise of powers conferred by sub-section (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act 1967, vide notification number SO 1403(E) dated 22nd March 2019, declared JKLF as an ‘Unlawful Association’ for a period of five years.
In the notification, the Central Government opined that JKLF-Y is involved in anti- national and subversive activities intended to disrupt the sovereignty and territorial integrity of India. Further, the notification reads, JKLF-Y is in close touch with militant outfits and is supporting extremism and militancy in Jammu and Kashmir and elsewhere. JKLF is supporting and inciting claims for secession of a part of the Indian territory from the Union and supporting terrorist and separatist groups fighting for this purpose by indulging in activities and articulations intended to disrupt the territorial integrity of India, the notification adds.
Thereafter, the Central Government, in exercise of the powers conferred by Section 5(1) of the Act, vide Notification No. S.O. 1491(E) dated 29th March 2019, constituted this Tribunal for the purpose of adjudicating whether or not there is ‘sufficient cause’ for declaring JKLF-Y as an Unlawful Association. The reference made to this Tribunal under the provisions of Section 4 of the Act, was received by this Tribunal on 16th April, 2019.
The Central Government furnished to the Tribunal a background note on JKLF-Y stating the objectives, activities and criminal cases registered against J KLF-Y activists by the State of Jammu & Kashmir and N1A, as also the justification for declaring JKLF-Y as an unlawful association.
After a careful perusal of the FIRs brought on record, the Tribunal observed that the respondent Association (JKLF-Y) has been actively indulging in and supporting anti-national activities. “There are 98 FIRs which have been seen through and which have been relied upon by the Union of India. The FIRs pertain to a long period of time and the oldest being placed on record is of the year 1987. Thus, there is noticeable consistency in the organized manner of protest and the object of the protest. Even in cases where FIRs are lodged for slogan shouting, the contents of the slogan are a direct affront to the sovereignty of the State and are undoubtedly anti-national. Such protests can certainly not be a part of any democratic process. There is a significant difference in protesting on an issue and protesting for territorial sovereignty,” opined Justice Chander Sharma.
“There is sufficient noticeable credible material! including the FIRs coupled with corroborative intelligence inputs which justify the action taken by the Central Government in banning the respondent Association under Section 3 of the Act by declaring the said Association as an unlawful association,” said Justice Sharma and confirmed the ban.
Pertinent to mention that the Jammu and Kashmir National Liberation Front (JKNLF) was formed in Pakistan in 1964 and was rechristened as Jammu & Kashmir Liberation Front (JKLF) in 1971. The Kashmir Valley unit of JKLF was formally established in February, 1988 with the ideology and objective of liberation and re-unification of independent Jammu & Kashmir comprising Jammu and Kashmir, Pakistan Occupied Kashmir. Gilgit Baltistan, Hunza and Aksai Chin, through armed struggle.
The JKLF-Y was founded by Mohd Yasin Malik who came into prominence from the beginning of militancy of Kashmir valley in 1988. He was involved in various cases including murder of four Indian Air Force personnel, masterminding the kidnapping of Dr Rubaiya Sayeed and funneling of funds illegally for fomenting terrorism in the State of Jammu and Kashmir.
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