J&K High Court Restores UAPA Charges Against Accused for Raising Separatist Slogans

The High Court of Jammu & Kashmir and Ladakh recently ruled that inciting people to secede from India amounts to an ‘unlawful activity’ under the Unlawful Activities (Prevention) Act (UAPA). 

The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar set aside a trial court’s discharge order for two accused who raised separatist slogans in Bandipora, stating their actions fall under Section 13(1) of the UAPA. 

The Court distinguished this case from the Supreme Court’s Balwant Singh judgment, highlighting that Singh was involved in sedition and not the UAPA provisions. 

The trial court has now been directed to proceed with framing charges.

[Union Territory of J&K Through Police Station Bandipora v Ameer Hamza & Anr]