Legislation UpdatesNotifications

S.O. 1853(E)? Whereas, the Liberation Tigers of Tamil Eelam has been declared as an unlawful association, vide, notification number S.O. 1730 (E), dated the 14th May, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii);

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes the ‘Unlawful Activities (Prevention) Tribunal’, consisting of Ms. Justice Sangita Dhingra Sehgal, Hon’ble sitting Judge, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause for declaring the Liberation Tigers of Tamil Eelam as an unlawful association.


[Notification dt. 27-05-2019]

Ministry of Home Affairs

Legislation UpdatesNotifications

S.O. 1730(E).— WHEREAS the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE), is an association based in Sri Lanka but having its supporters, sympathisers and agents in the territory of India;

AND WHEREAS the LTTE’s objective for a separate homeland (Tamil Eelam) for all Tamils threatens the sovereignty and territorial integrity of India, and amounts to cession and secession of a part of the territory of India from the Union and thus falls within the ambit of unlawful activities;

AND WHEREAS the LTTE, even after its military defeat in May, 2009 in Sri Lanka, has not abandoned the concept of ‘Eelam’ and has been clandestinely working towards the ‘Eelam’ cause by undertaking fund raising and propaganda activities and the remnant LTTE leaders or cadres have also initiated efforts to regroup the scattered activists and resurrect the outfit locally and internationally;

AND WHEREAS the separatist Tamil chauvinist groups and pro-LTTE groups continue to foster a separatist tendency amongst the masses and enhance the support base for LTTE in India and particularly in Tamil Nadu,it will ultimately have a strong disintegrating influence over the territorial integrity of India, hence, the strong need continues to exist to control all such separatist activities by all possible lawful means;

AND WHEREAS cases were registered under the Unlawful Activities (Prevention) Act 1967, against LTTE, pro-LTTE elements and chauvinist groups since the last notification of the Government of India in the Ministry of Home Affairs vide number S.O. 1272 (E), dated the 14th May, 2014 that is between May, 2014 and May, 2019 besides cases under the provisions of Explosive Substances Act 1908, Indian Penal Code, etc.;

AND WHEREAS the Diaspora continue to spread through articles in the Internet portals, anti-India feeling amongst the Sri Lankan Tamils by holding the Government of India responsible for the defeat of the LTTE and such propaganda through Internet, which remains continued, is likely to impact Very Very Important Persons (VVIP) security adversely in India;

AND WHEREAS for the reasons aforesaid, the Central Government is of the opinion that the LTTE is an unlawful association and there is a continuing strong need to control all such separatist activities by all possible means;

AND WHEREAS the Central Government has the information that –

(i) the activities of the LTTE remnant cadres, dropouts, sympathisers, supporters who have been traced out recently in the State of Tamil Nadu suggest that the cadres sent to Tamil Nadu would ultimately be utilised by the LTTE for unlawful activities;

(ii) the activities of pro-LTTE organisations and individuals have come to notice of the Government of India that despite the ban in force, attempts have been made by these forces to extend their support to the LTTE;

(iii) the LTTE leaders, operatives and supporters have been inimically opposed to India’s policy on their organisation and action of the State machinery in curbing their activities;

AND WHEREAS the Central Government is of the opinion that the aforesaid activities of the LTTE continue to pose a threat to, and are detrimental to, the sovereignty and territorial integrity of India as also to the public order and, therefore, it should be declared as an unlawful association;

AND WHEREAS the Central Government is further of the opinion that—(i) because of the LTTE’s continued violent and disruptive activities which are prejudicial to the integrity and sovereignty of India; and (ii) the LTTE continues to adopt a strong anti-India posture as also continues to pose a grave threat to the security of Indian nationals, it is necessary to declare LTTE as an unlawful association with immediate effect;

NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Liberation Tigers of Tamil Eelam (the LTTE) as an unlawful association and directs that this notification shall, subject to any order that may be made under Section 4 of the said Act, have effect on and from the date of its publication in the Official Gazette.


[Notification dt. 14-05-2019]

Ministry of Home Affairs

Legislation UpdatesNotifications

S.O. 1491(E)— Whereas the Jamaat-e-Islami (JeI), Jammu and Kashmir and Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) (JKLF-Y) has been declared as unlawful associations, vide, notifications number S.O. 1069(E) dated the 28th February, 2019 and S.O. 1403(E) dated the 22-03-2019, respectively;

Now, therefore, in exercise of the powers conferred by the sub-section (1) of Section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes an Unlawful Activities (Prevention) Tribunal consisting of Mr Justice Chander Shekhar, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause of declaring the Jamaat-e-Islami (JeI), Jammu and Kashmir and Jammu and Kashmir Liberation Front (Mohd. Yasin Malik faction) (JKLF-Y), as unlawful association.

[Notification Dt. 29-03-2019]

Ministry of Home Affairs

Legislation UpdatesNotifications

S.O. 1069(E)—Whereas the Jamaat-e-Islami, Jammu and Kashmir (hereinafter referred to as the JeI) has been indulging in activities, which are prejudicial to internal security and public order, and have the potential of disrupting the unity and integrity of the country;

And whereas, the Central Government is of the opinion that:—

(i) JeI is in close touch with militant outfits and is supporting extremism and militancy in Jammu and Kashmir and elsewhere;

(ii) JeI is supporting claims for secession of a part of the Indian territory from the Union and supporting terrorist and separatist groups fighting for this purpose by indulging in activities and articulations intended to disrupt the territorial integrity of India;

(iii) JeI is involved in anti-national and subversive activities in the country intended to cause disaffection.

And whereas, the Central Government is further of the opinion that if the unlawful activities of JeI are not curbed and controlled immediately, it is likely to:—

(a) escalate its subversive activities including attempt to carve out an Islamic State out of the territory of Union of India by destabilising the Government established by law;

(b) continue advocating the secession of the State of Jammu and Kashmir from the Union of India while disputing the accession of the State with the Union;

(c) propagate anti-national and separatist sentiments prejudicial to the integrity and security of the country; and

(d) escalate secessionist movements, support militancy and incite violence in the country.

And whereas, the Central Government is also of the opinion that having regard to the activities of the JeI, it is necessary to declare the JeI to be an unlawful association with immediate effect;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Jamaat-e-Islami (JeI), Jammu and Kashmir as an “unlawful association” and directs that this notification shall, subject to any order that may be made under Section 4 of the said Act, have effect for a period of five years from the date of its publication in the Official Gazette.

[F. No. 14017/5/2019-NI-III]

[Notification dt. 28-02-2019]

Ministry of Home Affairs

Legislation UpdatesNotifications

S.O. 931 (E)—In exercise of the powers conferred by sub-section (1) of Section 5 read with sub-section (1) of Section 4 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes the Unlawful Activities (Prevention) Tribunal consisting of Ms. Justice Mukta Gupta, Judge, High Court of Delhi, for the purpose of adjudicating whether or not there is sufficient cause for declaring the Students Islamic Movement of India (SIMI) as an unlawful association.

[F.No.14017/2/2019-NI-III]

Ministry of Home Affairs

Legislation UpdatesNotifications

S.O. 872(E)—Whereas, in exercise of the powers conferred by sub-sections (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government has declared the Students Islamic Movement of India (SIMI) to be an unlawful association vide notification number S.O. 564(E), dated the 31st January, 2019, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), dated the 31st January, 2019;

Now, therefore, in exercise of the powers conferred by Section 42 of the Unlawful Activities (Prevention) Act, 1967, the Central Government hereby directs that all powers exercisable by it under Section 7 and Section 8 of the said Act shall be exercised also by the State Governments and the Union territory Administrations in relation to the above said unlawful association.

[F. No. 14017/1/2019-NI-III]

Ministry of Home Affairs