Raids on PFI offices: How are organisations banned in India?

New Delhi, Sep 22: In near simultaneous raids across the length and breadth of the country, a multi-agency operation spearheaded by the National Investigation Agency on Thursday led to the arrest of 101 activists of the Popular Front of India (PFI) in 11 states for allegedly supporting terror activities in the country.

With the latest development, the clamour to ban the PFI has become louder. Now, let us take a look at how organisations are banned in India:

The Ministry of Home Affairs of India has so far banned a number of organizations that have been proscribed as terrorist organizations under the Unlawful Activities (Prevention) Act, 1967.

UAPA Act is aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.

The most recent amendment to the law, has made it possible for the Union Government to designate individuals as terrorists without a due process of law. UAPA is also known as the Anti-terror law.

Before the amendment, this provision only allowed organizations to be categorised as 'terrorist'. With the amendment to Section 35, the Government can now categorise individuals as a terrorists, if it believes that the individual is involved in terrorism. Once the person is so categorized, their name will be added to Schedule 4 of the Act.

Explained the act below:

Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it:

(i) commits or participates in acts of terrorism,
(ii) prepares for terrorism,
(iii) promotes terrorism, or
(iv) is otherwise involved in terrorism.

The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.

Approval for seizure of property by NIA: Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism. The Bill adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA would be required for seizure of such property.

Investigation by NIA: Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.

Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill also adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

However, PFI which came into existence in 2006 in Kerala and headquartered in Delhi, claims to strive for a neo-social movement ostensibly for the empowerment of marginalised sections of India. It is, however, often accused by law enforcement agencies of promoting radical Islam.

In February last year, the ED filed its first charge sheet against PFI and its student-wing Campus Front of India (CFI) on money laundering charges, claiming its members wanted to "incite communal riots and spread terror" in the aftermath of the Hathras gang rape case of 2020. In the second charge sheet filed this year, the ED had claimed that a hotel based in the UAE "served" as a money laundering front for the PFI.