JOIN USCentre has declared PFI 'unlawful': What does that mean?
The Centre on Wednesday banned the Popular Front of India and its affiliates, charging the organisation with involvement in violent incidents and for links with terror groups like the Islamic State. The organisation and several of its associates were banned for five years following a series of multi-agency raids led by the National Investigation Agency (NIA) against its leaders in 15 states, including Karnataka and Kerala.
As per a notification from the Union Ministry of Home Affairs, the Central Government declared that the PFI as well as its associates, affiliates or fronts, were unlawful associations in exercise of the powers conferred by Subsection (1) of Section 3 of the Unlawful Activities (Prevention) Act (UAPA), 1967, (37 of 1967).
Let's take a closer look at what these developments mean.
What does this ban mean for the organisation?
The UAPA defines itself as an Act to provide more effective prevention of certain unlawful activities of individuals and associations, to deal with terrorist activities and for connected matters. It gives the government the power to name an organisation an "unlawful association" or a "terrorist organisation", which amounts to a ban on the entity.
What is a terrorist organisation?
The UAPA, in clause (m) of Section 2, defines a terrorist organisation as an organisation listed in the Schedule to this Act, or an organisation operating under the same name as an organisation so listed.
As per Section 35 of the Act, an organisation shall be deemed to be involved in terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism, or is otherwise involved in terrorism.
The Babbar Khalsa International, the Khalistan Commando Force and the Khalistan Zindabad Force are among the banned terrorist organisations under the First Schedule.
What happens to the terror organisation?
When the Central Government declares that an entity is a terrorist organisation, its membership is criminalised, the property of the organisation is forfeited and the use of its funds is prohibited. As per the Act (Section 24A), the proceeds from terrorism shall be forfeited as well.
As per Section 20, any person "who is a member of a terrorist organisation shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine".
Section 38 of the Act says that a person who associates himself with a terrorist organisation with intention to further its activities shall be punishable with imprisonment for a term not exceeding 10 years, or with fine, or with both. Similarly, a person who commits the offence of raising funds for a terrorist organisation shall be punishable with imprisonment for a term not exceeding 14 years, or with fine, or with both.
Is there recourse for a terror organisation?
As per Section 36, an application may be made to the Central Government to remove an organisation from the Schedule by the organisation or any person affected by the inclusion of the organisation in the Schedule as a terrorist organisation. A review committee is then appointed to "judicially review" the application.
The organisation will be removed from the Schedule if the review committee considers that the terrorist declaration was flawed when considered in the light of the principles applicable on an application for judicial review.