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India 18-Feb, 2023

Lahore based Harwinder Singh Sandhu declared as ‘terrorist’ under UAPA by MHA: A look at UAPA in recent years

By: Yash Gupte

Lahore based Harwinder Singh Sandhu declared as ‘terrorist’ under UAPA by MHA: A look at UAPA in recent years

The latest data released by the NCRB for the year 2021 shows that 814 cases were registered under the unlawful activities prevention act. Image Source: IANS

According to the Ministry of Home Affairs, Harwinder Singh Sandhu has been associated with terrorist organisation Babbar Khalsa International (BKI) and is currently based in Lahore, Pakistan

The Union Ministry of Home Affairs declared Harwinder Singh Sandhu alias Rinda as a terrorist and two organisations- Khalistan Tiger Force (KTF) and Jammu and Kashmir Ghaznavi Force (JKGF) as terrorist organisations on February 17, 2023 under the Unlawful Activities (prevention) Act (UAPA). According to the Ministry of Home Affairs, Harwinder Singh Sandhu has been associated with terrorist organisation Babbar Khalsa International (BKI) and is currently based in Lahore, Pakistan under the patronage of cross border agencies and has been found involved in various terrorist activities particularly in Punjab.

The attack on the Punjab Police's intelligence headquarters in 2021 was planned in part by Rinda. In November last year, Rinda was said to have been died to an overdose of drugs in a hospital in Lahore, Pakistan. Nevertheless, authorities recently discovered new evidence that implies he is still alive. Interpol, the international police organisation, has also issued a Red Corner Notice against Sandhu. In addition, he has a history of involvement in numerous crimes in the states of Punjab, Maharashtra, Haryana, West Bengal, Himachal Pradesh, and Madhya Pradesh. With the declaration of MHA, now there are 54 designated terrorists in Schedule IV of the UAPA.

The Khalistan Tiger Force (KTF) is a terrorist group that supports various acts of terrorism, including targeted killings in Punjab. It also challenges India's territorial integrity, national unity, security, and sovereignty. In the UT of Jammu and Kashmir, the Jammu and Kashmir Ghaznavi Force (JKGF) has been discovered to be involved in infiltration attempts, the smuggling of weapons and drugs, and the execution of terrorist attacks. It recruits members from a variety of terrorist groups, including Harkat-ul-Jehad-E-Islami, Tehreek-ul-Mujahideen, Lashker-E-Taiba, and Jaish-E-Mohammed.

The Unlawful Activities Prevention Act (UAPA) has been a hot topic of discussion among the people since its inception. The anti-terror law that is used to prevent certain unlawful activities of individuals and associations has got a fair share of criticism, particularly with regard to its poor conviction rate. According to the data shared by the Home Ministry, out of total 4,690 arrested under the UAPA Act in the past three years, only 149 or 3.18 percent of people were convicted.

The lowest numbers of cases (796) under the UAPA were registered in 2020. The reason behind fall in cases can be attributed to the covid-19 pandemic and the nationwide lockdown imposed due to it. The year 2019 witnessed the registration of highest number of cases under the act. One of the major reasons behind this was the nationwide protests organized against the Citizenship Amendment Act (CAA), 2019. Large number of activists, protestors and students were arrested under the UAPA during the protests in 2019. 2018 also came as a year with high number of cases under UAPA with the registration of 1182 cases. The latest data released by the NCRB for the year 2021 shows that 814 cases were registered under the unlawful activities prevention act. Maximum cases were registered in the UT of Jammu and Kashmir (289), Manipur (157), Assam (95), Jharkhand (86) and Uttar Pradesh (83).

The accompanying chart indicates the number of people arrested and convicted under UAPA between 2015 and 2020. According to the National Crime Records Bureau (NCRB), around 1,128 people were arrested in 2015, 999 in 2016, and 1,554 in 2017, followed by a slight decrease to 1421 in 2018, and 1,948 in 2019 (the highest number of people arrested in a year). As compared to the number of people arrested, only 11 people were convicted in 2015, 11 in 2016, 34 in 2017, and 35 in 2018. Although the number of people arrested under the anti-terror law declined by 32 percent in 2020 with 1,321 arrests, compared to 2019, the number of convictions rose from 34 in 2019 to 80 in 2020 (an increase of 135 percent).

Though designation of Harwinder Singh Sandhu as a ‘terrorist’ and Khalistan Tiger Force (KTF) and Jammu and Kashmir Ghaznavi Force (JKGF) as terrorist organisations under the UAPA is a welcome move, statistics show a different story when it comes to trial and conviction.

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