A Tribunal constituted under the Unlawful Activities (Prevention) Act (UAPA) and headed by Delhi High Court judge Justice Sachin Datta has upheld the Central government’s decision to ban the Jammu and Kashmir Ittihadul Muslimeen (JKIM).
Declaring the outfit an “unlawful association,” the Tribunal confirmed the Ministry of Home Affairs’ March 11, 2025, notification under Section 3(1) of the UAPA.
“Ample Justification” For Ban
Delivering the order, Justice Datta stated that the material placed before the Tribunal offered “ample justification to declare JKIM as an unlawful association under the UAPA.” The order added that, given the nature of JKIM’s activities, the Centre was justified in invoking the proviso to Section 3(3) of the Act.
The Tribunal based its findings on extensive material provided by the government in sealed cover, including FIRs, testimonies from Jammu and Kashmir officials, intelligence reports, social media content, and excerpts from JKIM’s own websites. This evidence, it said, demonstrated the organisation’s separatist agenda and its collaborations with “inimical elements across the border.”
Activities Undermining India’s Sovereignty
According to Justice Datta, the records clearly showed that JKIM was engaged in activities intended to “seriously undermine the sovereignty and integrity of India.”
On the other hand, the Tribunal found the defence presented by JKIM to be weak and lacking credibility. The organisation failed to bring forward any substantial material to counter the allegations or question the government’s claims.
Concerns Over Religious Freedom Addressed
During the hearings, JKIM’s counsel argued that the ban could interfere with the religious practices of its chairman, Masroor Abbas Ansari, and other members. In response, the Tribunal recorded the assurance given by the Additional Solicitor General that personal religious practices are not restricted under UAPA.
The Tribunal further noted that Ansari himself admitted to leading Moharram processions in July 2025 with official permission, which were attended by lakhs of people. It clarified that legitimate religious activities carried out in an individual capacity would remain unaffected by the proscription.
Case Background
The Ministry of Home Affairs had declared JKIM an unlawful association on March 11, 2025, citing its involvement in secessionist and anti-national activities. In April 2025, the matter was referred to the UAPA Tribunal for adjudication, as required under the law.
After multiple hearings and a detailed evaluation of evidence, the Tribunal delivered its judgment on September 3, 2025, confirming the Centre’s notification.
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