Declared Terrorist Organisation in 2004, Asiya Andrabi's Dukhtaran-E-Millat Challenges UAPA Ban; Centre Says Too Late

Separatist leader Asiya Andrabi led Dukhtaran-e-Millat (DeM) has moved the Delhi High Court challenging a notification declaring it as a terrorist organisation under Unlawful Activities (Prevention) Act, 1967.

The Kashmir-based all-women outfit was banned by the Centre on December 30, 2004 under Section 3 of UAPA. Arrested by the National Investigation Agency in 2018, Andrabi continues to remain in judicial custody.

In the petition before the court, the DeM has prayed for supply of a copy of the UAPA notification and removal of its name from the list of organisations mentioned in the first schedule of the Act.

On November 10, the counsel appearing for DeM, before the bench of Justice Anoop Kumar Mendiratta, submitted that after coming to know "for the first time" about the ban, one of the members of the organisation filed an RTI application seeking details of the ban.

"Thereafter, a reply was received from CPIO on 13.05.2019 that the petitioner was added to the first Schedule of UAPA, 1967 vide notification dated 30.12.2004 and no other information is available with them. The appeal preferred against the RTI reply was dismissed by Joint Secretary, (CTCR) First Appellate Authority on 19.07.2019. In the aforesaid background, the present petition has been preferred," the counsel submitted.

On the other hand, Additional Solicitor General Chetan Sharma questioned the maintainability of the writ petition and argued that DeM "appears to be feigning ignorance" and is "wrongly seeking" the indulgence of the court on the basis of the RTI reply.

"The notification relating to the petitioner organization which is a terrorist organization is covered under Chapter VI of UAPA, 1967 and a reference to Chapter II has been wrongly made on behalf of petitioner," argued Sharma, adding the petition cannot be entertained after delay of about two decades, since the petitioner organisation stands duly reflected in the First Schedule of UAPA, 1967 at Serial No. 29.

No presumption can be made that the petitioner organisation was unaware of the Act of the Parliament, Sharma submitted further, while seeking an opportunity to make detailed submissions in this regard.

Listing the matter for next hearing on December 15, the court said:

"Considering the facts and circumstances, put up for consideration on 15.12.2022. Brief submissions be also filed on behalf of the respondent [Centre] within four weeks, with an advance copy to the learned counsel for petitioner".

Section 3 gives power to the Central Government to declare an association unlawful. The terrorist organisations are mentioned in the First Schedule of the Act.

Title: DUKHTARAN-E-MILLAT v. UNION OF INDIA