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) on Monday (January 1). Amendments introduced in 2019 brought in provisions by which the Centre can declare individuals — not only organisations — as designated terrorists. Here is how this works. Who is a “terrorist”? The words “terror” or “terrorist” are not defined, but the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. While the original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004. 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”. Home Minister Amit Shah, during a debate on the Bill in Lok Sabha, stressed on the need to designate individuals as terrorists to root out terrorism. How are individuals declared 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. At present, in line with the legal presumption of an individual being innocent until proven guilty, 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. 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. What happens when an individual is declared a terrorist? 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. The 2019 amendment, however, did not provide any such detail. The amendment also gave the Centre the power to remove a name from the schedule when an individual makes an application. If an application filed by an individual declared a terrorist is rejected by the government, they have the right to seek a review within one month after the application is rejected. 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. This is an updated version of an explainer published in 2019.
