A Delhi High Court tribunal has upheld the ban imposed on Yasin Malik-led Jammu Kashmir Liberation Front (JKLF-Y) under the Unlawful Activities (Prevention) Act citing 101 cases involving violence registered against it.
The Ministry of Home Affairs has declared JKLF-Y as an unlawful outfit on March 22 "promoting" secession of the militancy-hit state from the Union of India, over a month after month the attack on a CRPF bus in Pulwama in February. Yasin Malik is presently lodged in Delhi's Tihar jail.
A gazette notification issued on Wednesday night said the tribunal headed by Justice Chander Shekhar, a Judge of the Delhi High Court, has upheld the ban imposed on the outfit.
"It is held that the activities of the respondent Association, its office bearers and members have been disruptive in character which threaten the sovereignty and territorial integrity of India. They have been acting in collusion with other similar groups to disrupt peace and harmony in Jammu and Kashmir. The Central Government had sufficient credible material and grounds for taking action," the Tribunal said.
Before the Tribunal, the MHA had cited 101 violent incidents involving the JKLF-Y, including the "murder of four Indian Air Force personnel, masterminding the kidnapping of Dr Rubaiya Sayeed (daughter of PDP patriarch late Mufti Mohd Sayeed) and funneling of funds illegally for fomenting terrorism in the State of Jammu and Kashmir", for getting the ban upheld.
"In recent times, in order to gain the political space, Yasin Malik and his activists are glorifying the activities of terrorism and justifying the acts of terror, by virtue of which the organization is motivating the youth for professing the acts of terrorism," the MHA had said.
In its order, the Tribunal said a careful perusal of the FIRs brought on record "makes it apparent" that JKLF-Y has been "actively indulging in and supporting" anti-national activities.
"The FIRs pertain to a long period of time and the oldest being placed on record is of the year 1987. Thus, there is noticeable consistency in the organized manner of protest and the object of the protest. Even in cases where FIRs are lodged for slogan shouting, the contents of the slogan are a direct affront to the sovereignty of the State and are undoubtedly anti-national," it said.
While agreeing with the contention that protests are a "necessary part of a vibrant democracy", the Tribunal said if the direction and object of the protest is intended to cause law and order problem and is in the form and shape of disruption to the territorial integrity of India, "such protests can certainly not be a part" of any democratic process.
"There is a significant difference in protesting on an issue and protesting for territorial sovereignty. There are statements attributed to Yasin Malik as also to the office-bearers of the respondent Association which are separatists in character and support extremism and militancy in Jammu and Kashmir. Such statements have the potential of instigating sentiments which ultimately become prejudicial to the territorial integrity and security of the country," it said.