PUBLIC DEPARTMENT (SC) - Declaration of the Jammu and Kashmir Liberation Front (Mohd. Yasin Malik Faction) (Jklf-Y) as an “Unlawful Association” under the Unlawful Activities (Prevention) Act, 1967.

© GOVERNMENT OF TAMIL NADU 2024

[Regd. No. TN/CCN/467/2012-14.

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No. 155] CHENNAI, TUESDAY, APRIL 23, 2024 Chithirai 10, Kurothi, Thiruvalluvar Aandu-2055

Part II—Section 1

Notifications or Orders of specific character or of particular interest to the

public issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

PUBLIC DEPARTMENT

(SC)

DECLARATION OF THE JAMMU AND KASHMIR LIBERATION FRONT (MOHD. YASIN MALIK FACTION) (JKLF-Y) AS AN "UNLAWFUL ASSOCIATION" UNDER THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967.

[G.O.No.SS.I/194-1/2024, Public (SC), 23rd April 2024, சித்திரை 10, குரோதி,

திருவள்ளுவர் ஆண்டு-2055.]

No. II(1)/PUSC/10(j)/2024.

The following Notifi cation of the Ministry of Home Affairs, Government of India, New Delhi No. S.O. 1416(E), dated the 15th March, 2024 is republished:-

S.O. 1416(E).-Whereas the Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) (hereinafter referred to as the JKLF-Y) has been indulging in activities, which are prejudicial to security and public order and have the potential of disrupting the unity and integrity of the country;

And whereas, in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government declared the JKLF-Y as an unlawful association, vide, notifi cation number S.O. 1403(E), dated the 22nd March, 2019;

And, whereas, the Unlawful Activities (Prevention) Tribunal, constituted under section 5 of the Unlawful Activities (Prevention) Act, 1967 for the purpose of adjudicating whether or not there is suffi cient cause for declaring the JKLF-Y as an unlawful association, by its order published, vide, notifi cation number S.O. 3460 (E), dated the 25th September, 2019 has confi rmed the declaration so made;

And, whereas, the declaration of ban under sub-section (1) of section 6 of the Unlawful Activities (Prevention) Act, 1967, ceases on the 21st day of March, 2024;

And, whereas, the Central Government is of the opinion that JKLF-Y is indulging in the activities which are prejudicial to the integrity and security of the country, inter alia, on the following grounds, namely:–

II-1 Ex. (155)

[ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 1. The Directorate of Enforcement (ED) has registered FIR No. ECIR/03/DLZO-11/2017 dated 14.06.2017 under the Prevention of Money Laundering Act (PMLA). After Investigation, main prosecution complaint in the case was fi led on 24.08.2020. Further, supplementary Prosecution Complaint was fi led on 09.01.2023, arraigning Yasin Malik as accused and cognizance of which was taken on 10.01.2023. Matter is under trial before the court;

2. Case Crime No. 23/2023 has been registered at Kothibagh Police Station under section 121A of the Indian Penal Code and section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 against JKLF-Y activists for organizing meeting by Mohd. Yaseen Bhat, JKLF-Y activist in Habib Restaurant, Srinagar along with other JKLF-Y activists for undertaking separatist activities in Jammu and Kashmir. Chargesheet fi led in the matter before the court;

3. Case Crime No. 44/2019 has been registered at Pulwama Police Station under section 10, 11 and 13 of the Unlawful Activities (Prevention) Act, 1967 against JKLF-Y activist for use of offi ces of JKLF-Y to provide fi nancial support to the elements inimical to the sovereignty and integrity of the nation. The case is under investigation;

4. Case Crime No. 42/2019 has been registered at Handwara Police Station under section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 against JKLF-Y activists for subversive activities causing threat to the sovereignty and integrity of the nation. The case is under investigation;

5. Case Crime No. 51/2019 has been registered at Ganderbal Police Station under section 10 of the Unlawful Activities (Prevention) Act, 1967 against two JKLF-Y activists for planning of successful call given for hartal by the JKLF-Y after its declaration as an unlawful association. The case is under trial before the court.

6. Case Crime No. 61/2019 has been registered at Budgam Police Station under section 10, 11, and 13 of the Unlawful Activities (Prevention) Act, 1967 against JKLF-Y activists for their illegal activities in order to vitiate the peace of the State and to cause threat to the sovereignty and integrity of the nation. The case is under trial before the court.

7. Case Crime No. 11/2019 has been registered at Hajin Police Station under section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 against JKLF-Y activist after declaration of JKLF-Y as an unlawful association. The case is under trial before the court.

8. Mohd. Yasin Malik, Chairman, JKLF-Y has been sentenced with rigorous imprisonment for life and fi ne of rupees ten lakh by the Special NIA Court, New Delhi vide order dated the 25th May, 2022 in Case Crime No. RC – 10/2017/NIA/DLI dated the 30th May, 2017 registered under sections 120B, 121, 121A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 for involvement of JKLF-Y leader Yasin Malik for raising, receiving and collecting funds domestically and abroad through various illegal channels, including hawala, for funding separatist and terrorist activities in Jammu and Kashmir through the funds so collected and as such have entered into larger criminal conspiracy for causing disruption in the Kashmir valley by way of pelting stones on the security forces, systematically burning of schools, damage to public property and waging war against Government;

And, whereas, on the basis of above grounds the Central Government is of the opinion that – (i) JKLF-Y is involved in anti-national and subversive activities intended to disrupt the sovereignty and territorial integrity of India;.

(ii) JKLF-Y is in close touch with militant outfi ts and is supporting extremism and militancy in Jammu and Kashmir and elsewhere;

(iii) JKLF-Y is supporting and inciting claims for secession of a part of the Indian territory from the Union and supporting terrorist and separatist groups fi ghting for this purpose by indulging in activities and articulations intended to disrupt the territorial integrity of India;

And, whereas, the Central Government is of the opinion that if the unlawful activities of the JKLF-Y are not curbed and controlled immediately, it will take the opportunity to –

(i) escalate its subversive activities including attempt to carve out a separate State out of the territory of Union of India by destabilising the Government established by law;

(ii) continue advocating the secession of Jammu and Kashmir from the Union of India while disputing the accession of the State of Jammu and Kashmir with the Union;

(iii) propagate anti-national and separatist sentiments prejudicial to the territorial integrity and security of the country; and

(iv) escalate secessionist movements, support militancy and incite violence in the country;

And, whereas, the Central Government for the above mentioned reasons is fi rmly of the opinion that having regard to the activities of the JKLF-Y, it is necessary to declare the Jammu and Kashmir Liberation Front (Mohd.Yasin Malik faction) as an 'unlawful association' with immediate eff ect;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) as an unlawful association.

The Central Government, having regard to the above circumstances, is of fi rm opinion that it is necessary to declare the Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) as an 'unlawful association' with immediate effect, and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of section 3 of the said Act, the Central Government hereby directs that this notifi cation shall, subject to any order that may be made under section 4 of the said Act, have effect for a period of fi ve years from the date of its publication in the Offi cial Gazette.

[F. No. 14017/21/2023-NI-MFO]

P(cid:3482)(cid:3465)(cid:3486)(cid:3469)(cid:3469)(cid:3478) V(cid:3465)(cid:3483)(cid:3472)(cid:3473)(cid:3483)(cid:3484)(cid:3465), Additional Secretary.

(Re-published by Order of the Governor)

K. NANTHAKUMAR, Secretary to Government.

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