New Delhi- The Delhi High Court Thursday dismissed a plea by the banned outfit Dukhtaran-e-Millat (DeM) challenging the Centre’s decision to declare it a terrorist organisation’ under the Unlawful Activities (Prevention) Act (UAPA).
Justice Anish Dayal said an alternative remedy prescribed under the statutes is available to the organisation by which the outfit led by Kashmiri separatist leader Asiya Andrabi could file an application and approach the central government to remove its name from the schedule declaring it a terrorist organisation’.
Andrabi was arrested in 2018 by the NIA for alleged commission of offences under the Indian Penal Code, including sedition, waging war against the country, and the stringent anti-terror law UAPA.
Dukhtaran-e-Millat (daughters of the nation) was declared a terrorist organisation in 2004 and the petition was filed in the high court challenging the decision in 2022.
The DeM said it got to know about the outfit having been declared a terrorist organisation’ only in 2018 when charge sheets were filed in the court against its members.
The Centre’s counsel contended it is the prerogative of the government to decide who is a terrorist and who is not and added that though DeM was declared a terrorist organisation in 2004 it chose to come to the court only in 2022.
The high court said the UAPA provides for filing of an application before the government seeking removal of an organisation’s name from the schedule.
The counsel for DeM told the court that no such application had been filed.
The outfit, in its plea, sought a direction to the Centre to provide a copy of the December 30, 2004 notification “banning” it or a “notification by which it has been declared to be a terrorist organisation”.
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