MHA constitutes tribunal to adjudicate declaring Tehreek-e-Hurriyat as unlawful association

New Delhi, Jan 16: The Ministry of Home Affairs (MHA) on Tuesday constituted the Unlawful Activities (Prevention) Tribunal consisting of Delhi High Court Judge Justice Sachin Datta to adjudicate whether there is sufficient cause for declaring the Tehreek-e-Hurriyat, Jammu and Kashmir, as an unlawful association.

The Ministry announced a notification almost 16 days after it declared the Tehreek-e-Hurriyat, Jammu and Kashmir as an unlawful association for the next five years.

Exercising the powers conferred by sub-section (1) of section 5 read with sub-section (1) of section 4 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the MHA has constituted the Unlawful Activities (Prevention) Tribunal consisting of Justice Sachin Datta, for "adjudicating whether or not there is sufficient cause for declaring the Tehreek-e-Hurriyat, Jammu and Kashmir as an unlawful association."

Justice Datta is also heading another tribunal constituted by the MHA on Monday to adjudicate the cause for declaring the Muslim League Jammu Kashmir (Masarat Alam faction) (MLJK-MA) as an unlawful association.

The MHA had also declared the organisation as an unlawful association under the Unlawful Activities (Prevention) Act, 1967 on December 27 last year. The organisation is chaired by Masarat Alam Bhat, infamous for its anti-India and pro-Pakistan propaganda.

On December 31 last year, the MHA declared the Tehreek-e-Hurriyat, Jammu and Kashmir as an unlawful association under the Unlawful Activities (Prevention) Act, 1967.

In the then notification, the MHA had said that the objective of Tehreek-e-Hurriyat, Jammu and Kashmir was to separate Jammu and Kashmir from India and establish Islamic rule in the Union Territory, and that "the leaders and members of the TeH have been involved in raising funds through various sources including Pakistan and its proxy organisations for perpetrating unlawful activities, including supporting terrorist activities, sustained stone-pelting on Security Forces in Jammu and Kashmir".

The Ministry then said the Tehreek-e-Hurriyat, Jammu and Kashmir and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set-up of the country. "The Tehreek-e-Hurriyat, Jammu and Kashmir members are paying tributes to terrorists who were killed in encounters with security forces and its members have been involved in supporting terrorist activities with intent to create a reign of terror in the country, thereby endangering the security and public order of the state."

As per the MHA, the Tehreek-e-Hurriyat, Jammu and Kashmir and its leaders and members, have been indulging in unlawful activities, which are prejudicial to the integrity, sovereignty, security and communal harmony of the country.

The Ministry had also said that the Tehreek-e-Hurriyat, Jammu and Kashmir never believed in a democratic system of governance and TeH leadership gave repeated calls to boycott assembly elections on multiple occasions.

Explaining its action against the Tehreek-e-Hurriyat, Jammu and Kashmir, the MHA notification then pointed out, that the Central government thinks that "if there is no immediate curb or control of unlawful activities of the Tehreek-e-Hurriyat, Jammu and Kashmir, it will use this opportunity to continue advocating the secession of Jammu and Kashmir form the Union of India while disputing its accession to the Union of India; continue with the anti-national activities which are detrimental to the territorial integrity, security and sovereignty of the country; and continue propagating false narrative and anti-national sentiments among the people of Jammu and Kashmir to cause disaffection against India and disrupt public order."

On January 11, the MHA also allocated powers to all the states and the Union Territory (UT) administration to take action against banned Tehreek-e-Hurriyat, Jammu and Kashmir and MLJK-MA.