Centre notifies 9 Khalistani Leaders as 'Terrorists' invoking powers under amended UAPA Act

On Wednesday, in major move the Central Government has notified nine Khalistani leaders as 'Terrorists'.

The Centre invoking its powers under clause (a) of sub-section (1) of section 35 of the Unlawful Activities (Prevention) Act, stated that it can notify the name of an individual in the Fourth Schedule to the said Act, if it believes that he is involved in terrorism.

The Home Ministry has notified the following names in the said Notice:

Accusing the abovementioned for being involved in various cases registered and being investigated by the Punjab Police, the Ministry also mentioned that a case has also been registered by National Investigation Agency.

It further put forward the fact that Red Corner Notices have been issued against them and therefore, the Central Govt believes that these individuals are involved in terrorism.

Earlier Maulana Masood Azhar, Hafiz Saeed, Zaki-ur-Rehman Lakhvi and Dawood Ibrahim, were the first individuals to be declared terrorists by the Govt of the India invoking the 2019 UAPA Amendment.

What is 2019 Amendment of UAPA Act?

As per the Unlawful Activities (Prevention) Act 1967, the government can notify organizations as terrorist organizations by including them in the First Schedule. Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism.

The 2019 Amendment further empowered the Centre to designate individuals as terrorist on the above grounds. It proposes to add 'Fourth Schedule' to the principal Act which will include the names of individuals designated as individuals. An individual aggrieved by the designation as terrorist has the option to challenge it before a Review Committee constituted by the Central Government.

Constitutional Validity of the 2019 Amendment to the Act

Pleas challenging the said Amendment of UAPA are under SC consideration.

In one of the petition, the petitioner has contended that conferring of such a discretionary, unfettered and unbound powers upon the central government is antithesis to the Article 14 of the Constitution of India.

He has submitted that the amendment strikes at Fundamental Rights of an individual at various levels, and thus warned that it affects right to reputation.

Read Notice Here: