UAPA Tribunal Presided by Delhi HC Judge Declares 'Jammu and Kashmir Ittihadul Muslimeen' as Unlawful Association

In an order passed on September 3, Justice Datta confirmed the notification issued by the Ministry of Home Affairs (MHA) on March 11, 2025, under Section 3(1) of the UAPA. The Tribunal ruled, “Thus, an order is passed under Section 4(3) of the UAPA, 1967, confirming the declaration made in the notification bearing no. S.O.1114(E), published in the official gazette on 11.03.2025 issued under Section 3(1) of the UAPA, 1967.”

The decision comes after the Central Government, exercising its powers under the anti-terror law, had earlier issued a notification banning the organisation, which was subsequently placed before the Tribunal for judicial confirmation.

The Jammu & Kashmir Ittihadul Muslimeen, active primarily in Jammu and Kashmir, has long been under the scanner of Indian security agencies for its alleged involvement in secessionist and extremist activities. The organisation is reported to have maintained close links with banned outfits and separatist elements in the region.

The Central Government argued that JKIM is a Pakistan-backed separatist organisation, presently led by Masroor Abbas Ansari, son of the late cleric Molvi Abbas Ansari. Both leaders have been associated with the All Party Hurriyat Conference and are accused of playing a central role in fuelling secessionism and organising separatist activities in Jammu and Kashmir.

According to the MHA, JKIM has lent direct and indirect support to terrorist activities, collaborated with inimical forces across the border, and consistently propagated separatist ideology in the Union Territory.

Justice Datta held that there was “cogent basis” for the issuance of the notification against JKIM under Section 3(1) of the UAPA. Rejecting the organisation’s claim of being a moderate group, the Tribunal observed that it is not necessary for an association to be a militant outfit to be declared unlawful under the Act.

“What is relevant is whether the activities of the association constitute ‘unlawful activity’ in the statutory sense,” the order stated.

The Tribunal noted that FIRs registered against JKIM and material collected during investigations revealed that its leaders had supported secessionist activities, questioned Jammu and Kashmir’s status as an integral part of India, and organised protests raising slogans to undermine the Indian State.

The Tribunal clarified that its role was not to determine the guilt or innocence of the accused in FIRs against JKIM but to examine whether there was “sufficient cause” for the Centre’s declaration. FIRs, speeches, and interviews of JKIM leaders were treated as relevant evidence in this adjudication.

From the material presented, the Tribunal recorded that speeches and interviews of Molvi Abbas Ansari and Masroor Abbas Ansari endorsed separatist ideology, advocated the “right of self-determination,” and called for a plebiscite. Videos showing sloganeering were also cited as evidence of attempts to foment disaffection against India.

Concluding its findings, Justice Datta stated, “From the elaborate material / evidence placed on record in these proceedings, this Tribunal finds that there is ample justification to declare JKIM as an unlawful association under the UAPA. Moreover, given the nature of activities of the association, the Central Government was justified in taking recourse to the proviso to Section 3(3) of the UAPA for the reasons given in the notification.”

Earlier, on March 11, the Ministry of Home Affairs, in an official notification, had declared JKIM an unlawful association under Section 3 of the UAPA. As mandated under the statute, the declaration was referred to a Tribunal consisting of a sitting judge of the High Court for adjudication. "The Government has declared ‘Jammu & Kashmir Ittihadul Muslimeen’ (JKIM)’ and ‘Awami Action Committee (AAC)’ as unlawful associations for a period of 5 years under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967," the notification read.

Union Home Minister and Minister of Cooperation Amit Shah in a post on X platform had said that these organizations were found inciting people to cause law and order situations, posing a threat to the unity and integrity of Bharat. He had said that anyone found involved in activities against the nation's peace, order, and sovereignty is bound to face the crushing blow of the Modi government.

"The members of ‘Jammu & Kashmir Ittihadul Muslimeen’ (JKIM)’ and ‘Awami Action Committee (AAC)’ are involved in promoting and aiding the secession of Jammu and Kashmir from India by indulging in anti-national and subversive activities, such as sowing seeds of discontent among the people; inciting people to destabilise law and order; supporting terrorism and promoting hatred against the established Government," the MHA notification read.

Notification By: UAPA Tribunal