ADGP Jammu, IGP Kashmir empowered to prohibit ‘use of funds of unlawful association’

Jammu, May 8: J&K government has delegated the powers “to prohibit the use of funds of an unlawful association”, exercisable by it under Section 7 of the Unlawful Activities (Prevention) Act, 1967, to the Additional Director General of Police (ADGP), Jammu and  Inspector General of Police (IGP), Kashmir zone, within their respective territorial jurisdictions.

Similarly, it has empowered the Divisional Commissioners of Kashmir and Jammu to exercise its (J&K government’s) powers,  under Section 8 of the Unlawful Activities (Prevention) Act (UAPA), “to notify places used for the purpose of an unlawful association”, within their respective territorial jurisdictions.

The powers have been delegated in case of a notification issued by the Ministry of Home Affairs (MHA), Government of India on March 15, 2024, under sub-section (1) of section (3) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) declaring Jammu and Kashmir Liberation Front (Mohd Yasin Malik faction), as an “Unlawful Association.”

Section 7 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) deals with the “power to prohibit the use of funds of an unlawful association.”

Section 8 deals with the “power to notify places used for the purpose of an unlawful association.”

“The Government of Union Territory of Jammu and Kashmir, with the previous approval of the Central Government, conveyed vide order No. 14017/34/2024-NI-MFO dated April 1, 2024, issued by the Ministry of Home Affairs Government of India, hereby directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 7 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Additional Director General of Police, Jammu/Inspector General of Police, Kashmir zone, within their respective territorial jurisdictions,” read a notification issued by J&K Home department.

“The Government of Union Territory of Jammu and Kashmir further directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 8 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Divisional Commissioner(s), Jammu/ Kashmir, within their respective territorial jurisdictions,” notification added.

It mentioned that the Ministry of Home Affairs, Government of India, vide notification S.O. 1416 (E) dated March 15, 2024, issued under sub-section (1) of section (3) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) had declared Jammu and Kashmir Liberation Front (Mohd Yasin Malik faction), as an Unlawful Association.

Subsequently, MHA, in exercise of powers conferred by section 42 of the Unlawful Activities (Prevention) Act, 1967, vide notification S O 1580 (E) dated March 28, 2024, directed that the state governments and Union Territory administrations would exercise all the powers exercisable by the central government under section 7 and section 8 of the Act.

MHA, vide order No. 14017/34/2024-NI-MFO dated April 1, 2024, conveyed approval of the central government under section 42 of the Unlawful Activities (Prevention) Act, 1967, to all the states and the Union Territory administrations to the effect that the “States and Union Territory administrations may, by order in writing, direct that any power, which has been directed to be exercised by it, shall, in such circumstances and under such conditions, as may be specified in the direction, be exercised by any person subordinate to the State Government or the Union Territory administrations, as the case may be.”