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Centre sets up UAPA Tribunal to review ban on Muslim League Jammu Kashmir (Masarat Alam faction)

The Union government has constituted a Tribunal under the Unlawful Activities Prevention Act (UAPA), to review the five-year ban imposed on the Muslim League Jammu Kashmir (Masarat Alam faction).

The Ministry of Home Affairs (MHA) has appointed Delhi High Court judge Justice Sachin Dutta as the presiding officer of the Tribunal. The MLJK-MA will now have the option to present its case before the Tribunal.

On December 27, 2023, the Central government had officially declared the MLJK-MA an unlawful association by way of a notification published in the Gazette of India, in accordance with the UAPA.

The UAPA provides that no such ban shall come into effect unless the same is confirmed by the UAPA Tribunal by an order made under Section 4 of the Act.

In conformity with the Act, the government has now notified the tribunal.

The Central government had highlighted in its December 27 notification that the MLJK-MA was known for its anti-India and pro-Pakistan propaganda. It was stated that the said organization has its objectives to get freedom for Jammu and Kashmir from India so as to realize the merger of Jammu and Kashmir with Pakistan and establish Islamic rule in Jammu and Kashmir.

It further stated that the organization’s leaders and members, particularly its Chairman Masarat Alam Bhat, have been indulging in unlawful activities which are prejudicial to the integrity, sovereignty, security and communal harmony of the country.

Justice Datta had served as the Central government’s standing counsel in the Delhi High Court for several years, where he represented the Central government in a wide range of litigation.

He also appeared for the Central government before the Supreme Court and before various tribunals established under the UAPA before being designated as a Senior Advocate by the Delhi High Court in August 2014..

Justice Datta is also part of the UAPA Tribunal, which will review the ban imposed on the Jammu and Kashmir Democratic Freedom Party (JKDFP).

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