
Tribunal Confirms Ban on JKDFP
Tribunal Confirms Ban on JKDFP
A tribunal set up by the Union Home Ministry has upheld the ban on the Jammu and Kashmir Democratic Freedom Party (JKDFP), led by imprisoned separatist Shabir Ahmad Shah. The Union Home Ministry had initially declared the JKDFP a banned organization on October 5, 2023, under the Unlawful Activities (Prevention) Act, 1967, for its alleged “anti-India” and “pro-Pakistan” stance.
Delhi High Court judge Justice Sachin Datta headed the tribunal, which was tasked with determining whether there were legitimate reasons to declare the JKDFP an unlawful association. According to a recent notification by the home ministry, the tribunal, exercising powers under sub-section (3) of section 4 of the UAPA, passed an order on April 3, 2024, affirming the JKDFP’s status as an unlawful organization.
The tribunal’s order emphasized that the extensive evidence and material presented supported the ban. It highlighted the JKDFP’s negative impact on law and order in Jammu and Kashmir over the past decades. The tribunal also noted the importance of maintaining the stability achieved in the region since 2019, cautioning against jeopardizing it due to the continued activities of the JKDFP.
Tribunal Confirms Ban on JKDFP:Activities and Background of JKDFP.
Founded in 1998 by Shabir Ahmad Shah, the JKDFP was initially part of the separatist conglomerate Hurriyat Conference. After the Hurriyat Conference split in 2003, the JKDFP aligned with the hardline faction led by Syed Ali Shah Geelani. Shah, currently incarcerated in Delhi’s Tihar Jail, was arrested by the Enforcement Directorate (ED) on July 25, 2017, in connection with a 2005 money laundering case. He also faces charges from the National Investigation Agency (NIA) related to terror funding.
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Last November, the ED seized Shah’s Srinagar residence as part of its money laundering investigation linked to terror-related activities in the region. The home ministry, in its declaration of the JKDFP as a banned group, highlighted Shah’s description of Kashmir as a “dispute” and his party’s secessionist activities aimed at establishing a separate Islamic state.
Tribunal Confirms Ban on JKDFP:Constitutional Framework and Decision
The tribunal emphasized that within the framework of the Indian Constitution and the UAPA, there is no room for an organization like the JKDFP. The group openly advocates for secessionism, expresses disloyalty to the Indian Constitution, and undermines the country’s territorial integrity and sovereignty.
Concluding its order, the tribunal stated that it followed the procedures set forth in the Unlawful Activities Prevention Act, 1967, and its rules. After a thorough and objective assessment of the evidence, the tribunal firmly believes that there are sufficient grounds to declare the JKDFP an unlawful association under Section 3(1) of the UAPA, 1967, as per the notification dated October 5, 2023.
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