Govt empowers IGPs to prohibit use of funds from unlawful association in J&K

DCs given powers to notify any place they believe used for unlawful association

SRINAGAR: In a significant development, the Home Department of Jammu and Kashmir has given powers to the Inspector General of Police (IGP) Kashmir as well as Jammu within their respective jurisdiction to exercise power under section 7 of the Unlawful Activities (Prevention) Act (UAPA), 1976.
Whereas, Divisional Commissioner (s), Jammu/Kashmir has been given powers to exercise section 8 of the Unlawful Activities (Prevention) Act, 1976.
Section 7 of the Unlawful Activities (Prevention) Act, 1967, gives the power to prohibit the use of funds from an unlawful association. Section 8 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) gives the Central Government the power to notify any place that it believes is used for unlawful association.
The Home Department has issued two separate notifications in this regard, a copy of which lies with The News Now.
S.0 124.- Whereas, the Ministry of Home Affairs, Government of India, vide notification S.O. 5462 (E) dated December, 2023, issued under sub-section (1) of section (3) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) declared the Muslim League Jammu and Kashmir (Masrat Alam faction) (hereinafter referred to as the MLJK-MA), as an unlawful association, reads the notification.
Whereas subsequently, the Ministry of Home Affairs, Government of India, in exercise of powers conferred under section 42 of the Unlawful Activities (Prevention) Act, 1967, vide Notification S.O. 146 (E) dated 11th January, 2024, directed that the State Government(s) and the Union territory administration(s) shall exercise all the powers exercisable by the Central Government under sections 7 and 8 of the Act ibid, it added.
Whereas, vide order No. 14017/23/2023-NI-MFO dated 1 January, 2024, issued by the Ministry of Home Affairs, Government of India, approval of the Central Government under section 42 of the Unlawful Activities (Prevention) Act, 1967 has been conveyed to all the States and the Union Territory administrations to the effect that the States and Union territory administrations may, by order in writing, direct that any power which has been directed to be exercised by it, shall, in such circumstances and under such conditions, as may be specified in the direction, be exercised by any person subordinate to the State Government or the Union territory administrations, as the case may be, the notification reads.
Now, therefore, the Government of Union territory of Jammu and Kashmir, with the previous approval of the Central Government, conveyed vide order No. 14017/23/2023-NI-MFO dated January 11, 2024, issued by the Ministry of Home Affairs, Government of India, hereby directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 7 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Inspector(s) General of Police, Jammu/Kashmir Zones, within their respective territorial jurisdictions and further directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 8 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Divisional Commissioner(s), Jammu/ Kashmir, within their respective territorial jurisdictions, it reads.
S.O. 124.- Whereas the Ministry of Home Affairs, Government of India, vide notification S.O. 5532 (E) dated 31st December, 2023, issued under sub-section (1) of section (3) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) declared the Tehreek-e-Hurriyat, Jammu and Kashmir (TeH), (hereinafter referred to as the TeH), an unlawful association, the notification reads.
Whereas, subsequently, the Ministry of Home Affairs, Government of India, in exercise of powers conferred under section 42 of the Unlawful Activities (Prevention) Act, 1967, vide Notification S.0 148 (E) dated January, 2024, directed that the State Government(s) and Union territory administration(s) shall exercise all the powers exercisable by the Central Government under section 7 and section.8 of the Act ibid, it added.
Whereas, vide order No. 14017/1/2024-NI-MFO dated 11th January, 2024, issued by the Ministry of Home Affairs, Government of India, approval of the Central Government under section 42 of the Unlawful Activities (Prevention) Act, 1967 has been conveyed to all the States and the Union territory administrations to the effect that the States and Union territory administrations may, by order in writing, direct that any power which has been directed to be exercised by it, shall, in such circumstances and under such conditions, as may be specified in the direction, be exercised by any person subordinate to the State Government or the Union territory administrations, as the case may be.
Now, therefore, the Government of Union territory of Jammu and Kashmir, with the previous approval of the Central Government, conveyed vide order No. 14017/1/2024-NI-MFO dated January 11, 2024, issued by the Ministry of Home Affairs, Government of India, hereby directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 7 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Inspector(s) General of Police, Jammu/Kashmir Zones, within their respective territorial jurisdictions and further directs that the powers exercisable by the Union Territory of Jammu and Kashmir under section 8 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) shall be exercised by the Divisional Commissioner(s), Jammu/ Kashmir, within their respective territorial jurisdictions, it added.