DESIGNATED
TERRORISTS - DEFENCE & SECURITY
News:
Gangster Goldy Brar
declared designated terrorist under UAPA
What's
in the news?
●
Gangster Goldy Brar, who is wanted in
several cases of murder, extortion and kidnapping, has been declared a
designated terrorist under the Unlawful Activities (Prevention) Act (UAPA) by
the Ministry of Home Affairs.
Designated
Terrorists:
●
The Unlawful
Activities Prevention Amendment (UAPA) Act of 2019 expanded the provisions
to include the designation of individuals, not just organizations, as
terrorists.
Definition
of "Terrorist Act":
●
The UAPA defines a "terrorist
act" as any action intended to threaten or likely to threaten India's
unity, integrity, security, economic security, or sovereignty.
●
This includes acts aimed at striking
terror in people or sections of people in India or abroad.
●
The original Act primarily focused on
"unlawful" acts related to secession, and anti-terror provisions were
introduced in 2004.
Designation
Process:
●
The amendments allow the central government to designate an
individual as a "terrorist" if they are found involved in acts
related to terror, such as committing, preparing for, or promoting terrorism.
●
This designation is made through a notification in the official gazette,
adding the individual's name to the Fourth Schedule of the UAPA. Notably,
individuals don't have the opportunity to present their case before this
designation.
Legal
Implications:
●
The standard of proof required to
establish an individual's involvement in terrorist activities is not clearly
defined by the amendment.
●
Individuals convicted in terror cases are
legally referred to as terrorists, while those suspected of involvement are
termed terror accused.
Consequences
of Designation:
●
Unlike the designation of a global
terrorist by the United Nations, the 2019 amendment didn't specify particular sanctions such as travel bans or asset
freezes for individuals designated as terrorists under UAPA.
Review
and Removal:
●
The amendment introduced avenues for
individuals designated as terrorists to seek redress.
●
An individual can apply for removal from
the schedule, and if rejected, they can
seek a review within a month.
●
A review
committee, comprising a chairperson and three members, can order the
removal if it finds the government's order flawed.
Legal
Recourse:
●
Additionally, individuals designated as
terrorists can approach the courts
to challenge the government's designation.