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The Tribunals, headed by the identical decide —Justice Sachin Datta— noticed that materials and proof positioned earlier than it discovered that there’s ample justification to declare the 2 teams as illegal associations underneath the Unlawful Activities (Prevention) Act (UAPA), 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 an identical order issued by the Tribunals learn.
On March 11, whereas declaring the 2 teams banned, the Union Home Ministry stated that the AAC and the JKIM had been indulging in illegal actions that had been prejudicial to the integrity, sovereignty and safety of the nation.
It stated the leaders and members of the 2 teams have been concerned in mobilising funds for perpetrating illegal actions, together with supporting secessionist, separatist and terrorist actions in Jammu and Kashmir.
The members of those teams present sheer disrespect in the direction of the constitutional authority and constitutional setup of the nation by means of their actions. The outfits had been concerned in selling and aiding the secession of J&Ok from India by involving in anti-national and subversive actions and sowing seeds of disaffection amongst individuals, the Ministry stated.
The AAC and the JKIM had been exhorting individuals to destabilise regulation and order, encouraging using arms to separate Jammu and Kashmir from the Union of India and selling hatred in opposition to the established authorities, it stated.
The tribunal referred to a chargesheet filed by the National Investigation Agency (NIA) in a case pertaining to terrorist and secessionist actions which have plagued Jammu and Kashmir for the reason that late Nineteen Eighties and the early Nineties.
Among the supplies submitted by the federal government earlier than the tribunal had been the NIA chargesheet filed earlier than a court docket which talked about the spate of violence unleashed within the valley involving assaults on civilians and safety forces alike for the reason that final many many years.
It additionally talked about that Pakistan’s Inter-Services Intelligence (ISI) was actively supporting quite a few terrorist organisations, comparable to Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Harkat-ul-Jihad-al-Islami, Jaish-e-Mohammad (JeM) and so forth., which had been concerned within the assaults.
“Pakistan has not solely been coaching the fear teams but in addition supporting them financially and diplomatically. Amidst the violent actions of the terrorists and mass exodus of the minority group from J&Ok, the All Parties Hurriyat Conference (APHC) was fashioned as a conglomerate of 26 political/social/non secular organisations within the yr 1993 which gave a political entrance to the secessionist actions,” the chargesheet stated.
It stated the investigation within the NIA case uncovered a conspiracy involving numerous terrorist organisations, comparable to JKLF, HM, and LeT, in collusion with secessionist group comprising the APHC, funded by Pakistan and its companies.
The intention was to wage battle in opposition to the Indian authorities and advocate for the secession of Jammu and Kashmir from India. The APHC, initially fashioned as a political entrance, was discovered to be actively concerned in inciting violence and unrest in Kashmir to additional their secessionist agenda, the NIA famous.
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The Tribunal additionally took word of the intelligence studies submitted earlier than it.
It stated the alleged non secular and philanthropic actions of the AAC (which haven’t been proved in these proceedings) wouldn’t undermine or condone/cancel the extremely objectionable “illegal” actions of the group.
“As observed in Jamat-E-Islami Hind (supra), within the very nature of issues, comparable to illegal actions, are carried out in a clandestine method and fairly often underneath the camouflage of the so referred to as non secular and philanthropic endeavours.
“As such, the reference within the reply filed on behalf of the Association to such actions has no bearing on the discovering rendered hereinabove, particularly for the reason that Association has chosen to not seem/take part in these proceedings regardless of having entered look initially and submitting its reply. The proof produced by the central authorities overwhelmingly corroborates/justifies the idea and rationale of the motion taken in opposition to the Association (AAC),” a notification issued by the Home Ministry stated.
On the JKIM, the Tribunal stated, the confidential supplies/studies furnished in a sealed cowl have been examined threadbare and undoubtedly, they corroborate the need for proscribing the affiliation.
“The paperwork/materials which have been submitted in a sealed cowl provides complete perception and particulars as to the illegal actions and separatist endeavours of JKIM and its collaborations with inimical parts from throughout the border…. Thus, the central authorities has been capable of make out a cogent case in assist of impugned notification dated 11.03.2025 for declaring the affiliation i.e. JKIM as banned affiliation,” the notification stated.
