UAPA - Designated Terrorist

Gangster Goldy Brar, the mastermind behind the murder of Punjabi singer Sidhu Moosewala, was declared a designated terrorist by the Centre under the Unlawful Activities (Prevention) Act (UAPA).

UAPA

The UAPA aims to prevent unlawful activities and terrorist activities in the country.

Terrorist Act - Any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, sovereignty of India or any section of the people in India or in any foreign country.

2019 Bill - Originally only covering organizations that engage in terrorism, the Act was amended in 2019 to allow the government to designate individuals as terrorists too.

• The 2019 Bill sought to empower the central government to designate an individual a terrorist if they are found committing, preparing for, promoting, or involved in an act of terror.
• A similar provision already existed in Part 4 and 6 of the legislation for organisations that can be designated as a terrorist organisation.
• The 2019 amendment did not clarify the standard of proof required to establish that an individual is involved, or is likely to be involved, in terrorist activities.

The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms, however, the 2019 amendment did not provide any such detail.

Appeal - Under the amendment, the central government set up a review committee comprising a chairperson (a retired or sitting judge of a High Court) and three other members.

• The review committee will be empowered to order the government to delete the name of the individual from the schedule that lists terrorists, if it considers the order to be flawed.
• Apart from these two avenues, the individual can also move the courts challenging the government’s order.

Satinderjit Singh, popularly known as Goldy Brar has become the 56th person to be named an individual terrorist under the Unlawful Activities (Prevention) Act, 1967.

Individual Terrorists

• The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the Fourth Schedule to the UAPA.
• The government is not required to give an individual an opportunity to be heard before such a designation.

An individual who is convicted in a terror case is legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused.