UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL AAI BUILDING. MAGISTRATE'S COLONY, HADAYTPUR, GUWAHATI IN THE MATItR Ol :UNITED LIBERATION FRONT OF ASOM (ULFA) ffi BEFORE s HON'BLE MR ]USTICE PRASANTA KUMAR DEKA Presiding Officer For the Statc of Assam Mr. D. Saikia, Senior Advocate Mr. P. Nayak, Advocate Mr. A. Chaliha, Advocate. For the union of lndia l'1r. S. C. Keyal, Assistant Solicitor General of India Date of hearing 20.06.2020 Date of adjudication 03.08.2020 ORDER 1. On 27th November, 2019, a Notification being S.O. 4273(E) was issued by I4r. Satyendra Garq, loint Secretary, Ministry of Home Affairs, Government of tndia to the effect that the Central Government was of the opinion that thc activities of the United Liberation Front of Asom (hereinafter referred to as ULFA) were detrimental to the sovereignty and integrity of India and that it is an unlaMul association. 2. The Central Government was also of the opinion that if there is no immediate curb and control of thc unlaMul activities of IJLFA, it may take the opportunity to mobilize its cadres for escalating its sccessionist, subversive and violent activities; openly propagate antisocial activities in collusion with forces t inimical to tndia,s sovereignty and national rntegrity; indulge in killings of civilians and targetinq police and sccurity forces personnel; procure and induct Presiding Ofiicer lrohMul AcUvitie. lPreve ]ri" n ) Tribunal in Tho Lrtatrer ol ULFA more illeqal arms and ammunitions from across the border and extort and collect funds and illegal taxes from the public for its unlavvful activities; and therefore existinq circumstances rendered it necessary to declare the ULFA as an unlawful association with immediate effect Accordinqly, in exercise of powers conferred by S€ction 3(1) of the Unlawful Activities (Prevention) Act, 1967(hereinafter referred to as the Act), the Central Government declared ULFA fBalniu ts as an unlawful association. 3. The Central Government was also of the opinion that it was necessary to declare the ULFA to be an unlawful association with immediate effect and accordingly, in exercise of powers conferred by proviso to sub-section (3) of Section 3 of the Act, the Central Government directed that the notifrcation shall, subject to any order made under section 4 of the Act, would have effect from the date of its publication in the Official Gazette. 4. For the purposes of Section 3(t) of the Act, the Central Government was of the opinion that the ULFA has been: (i) indulging in illegal and violent activities intended to disrupt, or which may disrupt, the sovereignty and territorial integrity of India in furtherance of its objective of liberating Assam; (ii) aligning itself with other unlaMul associations of the North Eastern Region to secede Assam from India; (iii) engaging in unlaMul and violent activities during the currency of its declaration as an unlaMul association, in pursuance of its aims and obiectives. 5. The Central Government is of further opinion that the unlar4ful and violent activities which are attributed to ULFA include- (i) occurrence of about seventy incidents of violence, either individually or in alliance with other insurgent groups of North East Region, during the period from 1r lanuary 2015 to 3ln luly 2019, (ii) killing of thirty-tlvo persons, including tlventy-five civilians b, and seven security forces personnel, durinq the peraod from 1't lanuary 2015 to 31srluly 2019, (iii) kidnapping of six persons, during thc period from l5tJanuary Presirlir.rr Ci.. r UnlaMutaci ;r:borut in Th. , .rr._ .j . \ 2015 to 31( luly 2019, (iv) forty-seven cases of recovery of unauthorazed arms and ammunitaons from its cadres, (v) indulging in a spate of extortions and secessionist activities, and endangerinq the lives of innocent citizens, in addition to acts of kidnappings for ransom, (vi) instructing its cadres to carry out acts by unal, 1 targeting the establishments of security forces and their personnel, political leaders, railways and oil installations, (vii) establishing sanctuaries and training camps in the neighbourhood countries, and (viii) embarking upon restructuring of its organizational netvvork at the grass root level by launching a systematrc drive for recruitment of fresh cadres while continuing its violent and insurgent activities. 6. Under these circumstances, and in exercise of powers conferred by Section 5(1) of the Act, "The Unlawful Actavities (Prevention) Tribunal" was constituted by a notiflcation being S.O.4613(E) dated 24th December, 2019 issued by [4r. Satyendra Garg, ]oint Secretary, Ministry of Home Affairs, Government of tndia for the purpose of adjudicating whether or not there were sufficient cause of declaring the ULFA as UnlaMul Association. By virtue of S€ction 4(3) of the Ad, the Tribunal was required to adjudacate whether or not there was sufficient cause for declaring the ULFA as an unlawful association withan the meaning of the expression defined under Section 2(p) of the Act, by holding an inquiry. 7. In support of its case, the Central Government made a reference to the Tribunal and submitted a resume regarding the aams/objectives and violent activities of ULFA. 8. The reference was received by thc Registrar of the Tribunal on 20.12.2OL9. The reference was placed before the Tribunal on 02.1.2020, after winter vacation of the Hon'ble Gauhati High Court. Having received it, vide order b dated 02.1.2020, this Tribunal deemed it fit to direct the issuance of tetter to inform the Government of Assam to provide a venue for the Tribunal alonq with Presiding Officer pre! UnLrlul ic:i!,iies , r.,:. nr Tribun{ h The Ltader oi ! LiA infrastructure to initiate the proceedings. Accordingly, the Government of Assam allotted a venue for the Tribunal on 02.3.2020. Thereafter, the Tribunal listed the reference for preliminary hearing on 14.3.2020. After recording satisfaction on perusal of materials placed by the Central Government and hearing the representatives of the Ministry of Home Affaars, UOI, Department of Home and Political, Government of Assam and of Assam Poli€e, notice under Section 4(2) of the Act was ordered to be issued to the ULFA to show cause within 30 days ll from the date of service of the notice as to why the said Association should not be declared unlawful and why order should not be made confirming the declaration under Section 3(1) of the Act. Notice was directed to be served in the prescribed manner in the Act and a€cordingly the Notification banning ULFA was served in the following manner:- (a) By Speed Post/Registered A/D at the last known address of ULFA along with all their factions, wings and front organizations as well as that of their principal orfice bearers. (b) Service of notice on the olfice bearers of the ULFA in Assam at its addresses, if any or if under detention, through the Superintendent (Jail) concerned. (c) Publacation along with a copy of the Gazette Notificataon dated 23'd November, 2019 in two daily newspapcrs, one in a National Newspaper (in English) and the other in prominent local newspaper (vernacular) in Assamese respedively, having wide circulation in the areas where the actavaties of the ULFA are ordinarily carried on, withan 14 days from the date of order. (d) Affixation of the notice alonq with a copy of the Gazette notification dated 23'd November, 2019, at the last known addresses of the ULFA alonq with all their factions, wings and front organizations as well as their principal office bearers. (e) Proclamation by beating of drums as well as loudspeakers about thc contents of the notice and the Gazctte notification dated 23'd November, 2019, u in the areas in which the activities of the TJLFA werc or are ordinarily carried on. PresiCino OfiicEr UnlawlulAct,vrt,c, {iici.. jion; I hun:l h The t:aiter !i Ul-iA (D Displaying the notice alonq with a copy of the Gazette notification dated @+ 23'd November, 2019, on the notice Eoard of the Deputy Commissioner, SDNI r9jl\w and Superintendent of Police in all the entire district headquarters of the state (s) where the activities of ULFA were or are believed to be ordinarily carried on. (S) Serving of notice on the Government of Assam through its Chief Secretary. (h) Announcement of notice and the gazette notification dated 23'n November, 2019 in All India Radio/electronic media at the prime time and shall also be pasted at the prominent places in the states where the activities of ULFA were or are believed to be carried on. (i) Affixing copies of the notace at some conspicuous parts of the offices, if any/ of ULFA. 0) Publishing on the website of t4inistry of Home Affairs, UOI and of the Department of Home and Political, Government of Assam (k) Any other possible modes, including e-mails etc. 9. The next date of hearing was fixed on 2"d of May, 2020 at 10:30 a.m. at the office of the Tribunal, in AAI Building, f4agistrate Colony, Hedayatpur, Guwahati. 10. Pursuant to the order dated l4'h March, 2020, Sri Simanta Kumar Das, loint Secretary to the Government of Assam, Home and Political Department filed an affidavit on 30rh of April, 2O2O before the Registrar of the Tribunal on behalf of the State of Assam regarding service of notice on ULFA by different modes including newspaper publications, which was placed beforc the Tribunal on O2"d of May, 2020. 11. Similarly, Sri R. K. Pandey, Deputy Secretary, Ministry of Home Affairs, $. North Block , NE Division, had filed an affidavit dated 30th of April, 2020, on Y/ behalf of the central Government, regarding service of notice on ULFA in the prescribed modes directed by the Tribunal.