New Delhi: Two Delhi High Court tribunals have upheld the ban imposed by the Centre on the Awami Action Committee headed by Kashmir’s influential cleric Mirwaiz Umar Farooq and Shia leader Masroor Abbas Ansari-led Jammu and Kashmir Ittihadul Muslimeen.
The tribunals, headed by the same judge — Justice Sachin Datta — observed that based on the material and evidence placed before them, there is ample justification to declare the two groups as unlawful associations under the Unlawful Activities (Prevention) Act, 1967.
“Thus, this Tribunal, having followed the procedure laid down in the UAPA and its Rules and having independently and objectively appreciated and evaluated the material and evidence on record, is of the firm and considered view that there is sufficient cause for declaring the organisation as an unlawful association under Section 3(1) of the UAPA,” the identical order issued by the tribunals read.
On March 11, while declaring the two groups banned, the Union home ministry said that the Awami Action Committee (AAC) and the Jammu and Kashmir Ittihadul Muslimeen (JKIM) were indulging in unlawful activities that were prejudicial to the integrity, sovereignty and security of the country.
It said the leaders and members of the two groups have been “involved in mobilising funds for perpetrating unlawful activities, including supporting secessionist, separatist and terrorist activities in Jammu and Kashmir”.
The members of these groups show sheer disrespect towards the constitutional authority and constitutional setup of the country through their activities. The outfits were involved in promoting and aiding the secession of Jammu and Kashmir from India by involving in anti-national and subversive activities and sowing seeds of disaffection amongst people, the ministry said.
The AAC and the JKIM were “exhorting people to destabilise law and order, encouraging the use of arms to separate Jammu and Kashmir from the Union of India and promoting hatred against the established government,” it said.
The tribunal referred to a chargesheet filed by the National Investigation Agency (NIA) in a case pertaining to terrorist and secessionist activities that have plagued Jammu and Kashmir since the late 1980s and the early 1990s.
Among the materials submitted by the government before the tribunal were the NIA chargesheet filed before a court which mentioned the spate of violence unleashed in the valley involving attacks on civilians and security forces alike since the last many decades.
It also mentioned that “Pakistan’s Inter-Services Intelligence (ISI) was actively supporting numerous terrorist organisations, such as Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Harkat-ul-Jihad-al-Islami, Jaish-e-Mohammad (JeM) etc., which were involved in the attacks.”
“Pakistan has not only been training the terror groups but also supporting them financially and diplomatically. Amidst the violent activities of the terrorists and mass exodus of the minority community from J&K, the All Parties Hurriyat Conference (APHC) was formed as a conglomerate of 26 political/social/religious organisations in the year 1993 which gave a political front to the secessionist activities,” the chargesheet said.
It said the investigation in the NIA case “uncovered a conspiracy involving various terrorist organisations, such as JKLF, HM, and LeT, in collusion with a secessionist group comprising the APHC, funded by Pakistan and its agencies.”
The aim was to wage war against the Indian government and advocate for the secession of Jammu and Kashmir from India. The APHC, initially formed as a political front, was found to be actively involved in inciting violence and unrest in Kashmir to further their secessionist agenda, the NIA noted.
The tribunal also took note of the intelligence reports submitted before it.
It said the alleged religious and philanthropic activities of the AAC (which have not been proved in these proceedings) would not undermine or condone/cancel the highly objectionable “unlawful” activities of the group.
“As noticed in Jamat-e-Islami Hind (supra), in the very nature of things, such as unlawful activities, are carried out in a clandestine manner and very often under the camouflage of the so-called religious and philanthropic endeavours.
“As such, the reference in the reply filed on behalf of the Association to such activities has no bearing on the finding rendered hereinabove, especially since the Association has chosen not to appear/participate in these proceedings despite having entered appearance initially and filing its reply. The evidence produced by the central government overwhelmingly corroborates/justifies the basis and rationale of the action taken against the Association (AAC),” a notification issued by the Home Ministry said.
On the JKIM, the tribunal said, the confidential materials/reports furnished in a sealed cover have been examined threadbare and undoubtedly, they corroborate the necessity for proscribing the association.
“The documents/material which have been submitted in a sealed cover gives comprehensive insight and details as to the unlawful activities and separatist endeavours of JKIM and its collaborations with inimical elements from across the border…. Thus, the central government has been able to make out a cogent case in support of impugned notification dated 11.03.2025 for declaring the association i.e. JKIM is a banned association,” the notification said.
