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This is an archive article published on March 26, 2022

J&K Police says will attach property of those who ‘wilfully’ shelter militants

After facing criticism following its initial announcement on attachment of properties, police clarified on Saturday that such action would not be taken against those who have been forced to shelter militants “under duress”.

In cases of “forced entry” by militants into houses, police have put the onus on house owners to “prove duress”. (File)In cases of “forced entry” by militants into houses, police have put the onus on house owners to “prove duress”. (File)

The Jammu and Kashmir Police has said it would attach properties of people who “wilfully” give shelter to militants.

After facing criticism following its initial announcement on attachment of properties, police clarified on Saturday that such action would not be taken against those who have been forced to shelter militants “under duress”.

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On Thursday, police said on an official Twitter account that they had started the process of “attachment of some immovable properties which have been used for purpose of terrorism as per section 2(g) & 25 of ULP Act [Unlawful Activities Prevention Act]”.

“Don’t give shelter or harbour terrorists/terror associates. Legal action will be supplemented by property attachments as per law,” the police statement added.

With the statement attracting criticism, police issued a clarification on Saturday and said there had been “misinformation, rumours floated by certain quarters regarding information provided by Srinagar Police with respect to initiation of attachment of properties used for purpose of terrorism”.

“It is clarified that Srinagar Police is well aware of the difference between wilful harbouring of terrorists and one done under duress,” police said.

“The attachments being done are for properties where it has been proved beyond doubt that the house owner/member had wilfully provided shelter/harboured terrorists, in most cases for days together and that it was not done under any duress whatsoever,” police said in its clarification. “The attachment proceedings always come after investigation procedures in any case are at advanced stage.”

While police and paramilitary forces have been demolishing houses where militants are holed up during gunfights, police have now started to book the owners of such houses under anti-terrorism laws on the grounds of giving shelter to militants.

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In cases of “forced entry” by militants into houses, police have put the onus on house owners to “prove duress”.

“Further, in regards the issue of so called ‘forceful entry’ of terrorists into any house or other structure, the house owner or any other member claiming duress should timely inform the authorities about the same, as many provisions for hiding identity of such informant are available under law,” police said. “The onus always lies on the house owner/member to prove duress by informing the authorities well in time that there is/was forceful entry of terrorists into his/her house.”

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