Properties of only those who ‘wilfully’ harbour terrorists will be attached: Jammu and Kashmir Police issues clarification

The clarification comes days after J&K police had warned of attaching properties of people providing shelter to terrorists or their associates under the Unlawful Activities (Prevention) Act (UAPA).

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Srinagar: The Jammu and Kashmir Police on Saturday (March 26) clarified that properties of those harbouring terrorists “wilfully” will be only attached, days after issuing a warning of attaching properties of people providing shelter to militants or their associates under the Unlawful Activities (Prevention) Act (UAPA). 

Senior Superintendent of Police (SSP) of Srinagar Rakesh Balwal said, “There has 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 willful harbouring of terrorists and one done under duress,” the SSP 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,” Balwal added. 

The attachment proceedings always come after investigation procedures in any case are at an advanced stage, he added.

“Out of ignorance, some persons are trying to portray it as some kind of forced enforcement but it is a fact that Sections 2(g) and 25 of Unlawful Activities Prevention Act, 1967 have been in vogue since decades and these are not some recent additions as claimed by some rumour mongers,” he said. 

“The decision regarding enforcement of these sections of law is due to the fact that many supporters of Terrorism are wilfully providing harbour and safe havens to terrorists who conduct attacks on civilians and security forces in Srinagar City,” the SSP Srinagar further said. 

Further, he said, in regards to the issue of “so-called forceful entry' of terrorist 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.”

“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,” he said, adding, “Srinagar Police once again requests all its citizens not to pay heed to misinformation floated by some vested interests, we also request citizens not to provide shelter or harbour terrorists in their homes or immovable properties, failing which lawful procedures will take their own course in full letter and spirit,” Balwal said. 

ULP act is Unlawful Activities Prevention Act.

— Srinagar Police (@SrinagarPolice) March 24, 2022

Earlier police had tweeted, "Process has started for attachment of some immovable properties which have been used for purpose of terrorism as per section 2(g) & 25 of ULP Act. Don't give shelter or harbour terrorists/ terror associates. Legal action will be supplemented by property attachments as per law."