The Unlawful Activities (Prevention) Act (UAPA) Special Court in Doda, Jammu and Kashmir, has declared 23 individuals, currently operating in Pakistan, as “proclaimed offenders” for their alleged involvement in terrorist activities. These individuals now have a 30-day window to appear before the UAPA Special Court.
Being declared “proclaimed offenders” allows Indian authorities to seize any property and assets these individuals may have within India, as per section 83 of the Code of Criminal Procedure. It also enables legal proceedings to continue against them in absentia, potentially leading to trials and sentencing, regardless of their location.
In recent actions, the Indian Ministry of Home Affairs (MHA) put into effect a five-year ban on the Masarat Alam faction of the Jammu and Kashmir Muslim League (MLJK-MA) under the UAPA. The ministry alleges that the MLK-MA and its affiliates have been actively involved in anti-national and separatist activities within Jammu and Kashmir. Similar sanctions were imposed on Tehreek-e-Hurriayt (TeH) Jammu and Kashmir, which has been categorized as an “unlawful association”. The MHA points towards TeH’s perceived role in inciting terrorism and disseminating anti-India propaganda as justification for this measure.
Tensions in the area have been elevated following a recent judgment by the Indian Supreme Court that upheld the government’s 2019 decision to revoke the special status granted to the state of Jammu & Kashmir under Article 370 of the Indian Constitution.