Dukhtaran-e-Millat (DeM), led by separatist leader Asiya Andrabi move to Delhi High Court challenging UAPA ban

Dukhtaran-e-Millat (DeM), led by separatist leader Asiya Andrabi move to Delhi High Court challenging UAPA ban

Dukhtaran-e-Millat (DeM), which is led by separatist leader Asiya Andrabi, filed a petition with the Delhi High Court on Friday to contest a notification designating it as a terrorist organisation under the 1967 Unlawful Activities (Prevention) Act.

On November 10, the attorney representing DeM testified before the Justice Anoop Kumar Mendiratta bench that one of the organization's members filed an RTI request for information regarding the ban after learning about it "for the first time." The DeM has asked the court for two things in the petition it has filed: a copy of the UAPA notification and the removal of its name from the list of organisations listed in the Act's first schedule.

The counsel further submitted that "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,"

On the other hand, Additional Solicitor General Chetan Sharma questioned the writ petition's viability and asserted that DeM is "wrongly seeking" the court's indulgence based on the RTI reply and "appears to be feigning ignorance."

The additional solicitor further argued "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,"

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".

The Central Government may declare an association illegal under Section 3. The First Schedule of the Act makes reference of the terrorist organizations.

The Center imposed a ban on the Kashmir-based all-women group on December 30, 2004, in accordance with UAPA Section 3. Andrabi, who was detained by the National Investigation Agency in 2018, is still in judicial custody.

 

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

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