Calling J&K ‘Occupied Territory’ And Advocating Secession Amounts To ‘Unlawful Activity’ Under UAPA: HC

The Jammu & Kashmir High Court held that advocating for Jammu & Kashmir’s secession from India amounts to unlawful activity under Section 13(1) of the Unlawful Activities (Prevention) Act, 1967.

The Court overturned a trial court’s order discharging accused individuals who allegedly raised pro-secession slogans after Friday prayers in Bandipora in 2015. The Court clarified that UAPA punishes incitement or abetment of secession, even without violence.

Dismissing reliance on the Balwant Singh case, the Court found sufficient evidence, including witness statements, to continue prosecution.

The Court restored the chargesheet and directed the trial court to frame charges under UAPA and proceed with the trial.