Home Ministry designates 9 individuals as terrorists under UAPA

Home Ministry designates 9 individuals as terrorists under UAPA

Part of: GS Prelims and Mains II and III – Polity and Security issues

In news:

• Union Home Ministry designated nine individuals as “terrorists” under the Unlawful Activities Prevention Act (UAPA).
• The nine persons declared terrorists are linked to separatist Khalistani groups that seek to establish a separate country for the Sikhs.

Important Value Additions:

About Unlawful Activities Prevention Act (UAPA)

• It was enacted in 1967. 
• It aims at effective prevention of unlawful activities associations in India.
• Under the act, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
• Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. The 2004 amendment, added “terrorist act” to the list of offences.
• If Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has death penalty and life imprisonment as highest punishments.

2019 Amendment of UAPA

• The act was amended to designate individuals as terrorists on certain grounds provided in the Act. Earlier only organisations could be declared as such.
• Not designating individuals as terrorists, would give them an opportunity to circumvent the law and regroup under different name.
• It empowered the Director General of NIA to grant approval of seizure or attachment of property when the case is investigated by NIA.
• Earlier it required the consent of State Police which delayed the process.
• It empowered the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism.
• It gave the Home Ministry the power to designate individuals as terrorists.

Do you know?

• NIA was created after the 2008 Mumbai terror attacks with the enactment of the National Investigation Agency Act 2008.
• NIA is the Central Counter Terrorism Law Enforcement Agency of India and it works under overall guidance of Ministry of Home Affairs.