Polity

Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA

05 Jan 2024 3 mins Download PDF

GS-II
Indian Constitution

Context: The Government of India has declared ‘Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA as an 'Unlawful Association' under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967.

About Muslim League Jammu Kashmir

Led by Masarat Alam, the successor of the late Syed Ali Shah Geelani and incumbent Hurriyat Conference chairman, the Muslim League Jammu Kashmir is a separatist organisation.

About Masarat Alam:

Masarat Alam is currently in Jail and has been under detention for almost 13 years now.
Though he was released after the late Syed Ali Shah Geelani requested the release of political prisoners, Alam was again detained after Pakistani flags were waved during protests organised by him. As per reports by FirstPost, Alam allegedly orchestrated protests from jail in 2016 after meeting some people.
In 2010, Alam was among the main organisers of anti-India protests in the Valley. Following the protests, he, along with other leaders, was arrested under PSA (Jammu and Kashmir Public Safety Act), but later released in 2015 by the Mehbooba Mufti-led government. This led to the friction between the PDP and BJP coalition in the Valley.

UAPA implications:

With UAPA imposed on MLJK-MA, the organisation will now be subject to the stipulations and penalties outlined in the UAPA Act. These can include a ban on its activities, confiscation of property, and criminal penalties for its members.

Unlawful Activities Prevention Act (UAPA)

Purpose:

Combat secessionist movements and anti-national activities within India.
Address terrorism through prevention, investigation, and prosecution.

Key features:

Broad scope: Covers activities that threaten India's sovereignty, territorial integrity, unity, security, or economic stability.
Harsher penalties: Includes the death penalty and life imprisonment for terrorist acts.
Extended detention: Allows for holding suspects without charges for up to 180 days.
Strict bail conditions: Bail can be denied unless the court is convinced the accused is not guilty
Flexible definition of terrorism: Encompasses acts causing harm or disruption, targeting individuals, property, or the nation itself.
Individual designation: Empowers authorities to label individuals as terrorists without judicial proceedings.
National reach: National Investigation Agency (NIA) has nationwide jurisdiction to investigate and prosecute UAPA cases.

Amendments:

Originally enacted in 1967, the Act has undergone several updates, most recently in 2019, to address evolving threats like terrorist financing and cyber-terrorism.

Criticisms:

The broad scope and strict measures raise concerns about potential misuse and violation of civil liberties.
The detention provisions and bail restrictions have been criticized for being unfair and undermining due process.

Overall:

The UAPA is a powerful tool for combating terrorism and protecting national security, but its application requires careful consideration to ensure it safeguards individual rights and operates within legal and ethical bounds.