A tribunal set up by the union government has upheld the decision of the Union home ministry to ban the Jammu and Kashmir Democratic Freedom Party. On 5th October 2023, the Union Home Ministry banned the group for five years for its anti-India and pro-Pakistan activities.
Declaring the decision, the ministry said that this organization headed by jailed separatist Shabir Ahmad Shah has been involved in anti-national activities since year 1998 and its members have always promoted separatism and terrorist acts in India. The members of this organization, by inciting the people, want to make Kashmir a separate Islamic state, which is prejudicial to the sovereignty, security and integrity of India.
The ministry had added that many criminal cases have been registered against JKDFP under various sections of UAPA 1967, IPC 1860, The Arms Act 1959 and Ranbir Penal Code 1932.
After banning the group, the union government constituted a tribunal headed by a judge of the Delhi High Court to adjudicate if there is sufficient ground for declaring the Jammu and Kashmir Democratic Freedom Party. The UAPA tribunal was formed in October 2023 under sub-section (1) of section 5 read with sub-section (1) of section 4 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), and it was headed by Delhi High Court judge justice Sachin Dutta
The mandate of the tribunal was to review the ban imposed on JKDFP. Now, after pursuing the matter for 5 months, the tribunal has upheld the decision to ban the group. The tribunal said that there is sufficient ground to declare Jammu and Kashmir Democratic Freedom Party an unlawful organisation under the provisions of the sub-section (3) of section 3 of the Unlawful Activities (Prevention) Act (UAPA) 1967.
Jammu and Kashmir Democratic Freedom Party was founded by Shabir Ahmad Shah, who is currently in jail after he was arrested by the ED in money laundering and terror financing cases. According to the Home Ministry, Shabir Ahmad Shah is a prominent separatist known for his anti-India and pro-Pakistan propaganda.
Shah had called Kashmir as a ‘dispute’ and ruled out any settlement within the framework of the Constitution of India, and the members of his organisation are been at the forefront of secessionist activities in the Jammu and Kashmir and want to create a separate Islamic State.