Jammu & Kashmir High Court Upholds Seizure of Vehicle Linked to Terrorist Activities
Appeal Dismissed Due to Non-Maintainability Under NIA Act; Statutory Remedies Available Under UA(P) Act
In a significant ruling, the Jammu & Kashmir High Court has dismissed an appeal challenging the seizure of a vehicle allegedly used in terrorist activities. The Division Bench, comprising Justices Sindhu Sharma and Shahzad Azeem, ruled that the appeal was not maintainable under Section 21 of the National Investigation Agency Act, 2008, due to the availability of statutory remedies under the Unlawful Activities (Prevention) Act, 1967.
The case involved Yasir Ahmad Bhat and others, whose vehicle was seized by authorities following accusations of involvement in terrorist activities. The appellants argued that the vehicle was purchased with a loan and was the sole means of livelihood for the family. They further contested the legality of the seizure, claiming non-compliance with the procedural requirements under Section 25 of the UA(P) Act.
The High Court, however, emphasized the comprehensive mechanism provided under the UA(P) Act for addressing such grievances. It noted that the Designated Authority, Divisional Commissioner, Kashmir, was currently handling the matter, and statutory appeals could be pursued under Section 25(6) and Section 28 of the UA(P) Act.
The judgment underscored that the appeal under the NIA Act was barred as the order in question was interlocutory and did not determine the final rights of the parties. The court advised the appellants to utilize the statutory forums provided under the UA(P) Act, including making representations before the Designated Authority.
This ruling reinforces the procedural framework established for dealing with property allegedly linked to terrorist activities and emphasizes adherence to statutory remedies before approaching higher courts.
Bottom Line:
Appeal against the seizure of a vehicle used in terrorist activities dismissed due to non-maintainability under Section 21 of the National Investigation Agency Act, 2008, as statutory remedies under the Unlawful Activities (Prevention) Act, 1967 were available.
Statutory provision(s): National Investigation Agency Act, 2008 Section 21, Unlawful Activities (Prevention) Act, 1967 Sections 25, 28
