Thu Jul 24 18:45:46 UTC 2025: **Summary:**

The Jammu and Kashmir High Court overturned a lower court’s decision to discharge individuals accused of violating the Unlawful Activities (Prevention) Act (UAPA). The High Court stated that advocating for the separation of J&K from India and asserting its illegal occupation constitutes unlawful activity under Section 13 of the UAPA, regardless of whether the speech incites violence. The court ordered the trial court to proceed with framing charges against the accused.

**News Article:**

**J&K High Court: Advocating for Separation Violates UAPA**

**Srinagar, July 25, 2025** – The Jammu and Kashmir High Court has ruled that advocating for the separation of Jammu and Kashmir from India and asserting its illegal occupation falls under the purview of the Unlawful Activities (Prevention) Act (UAPA). The decision overturned a previous ruling by a lower court that had discharged individuals accused of violating the UAPA.

A Division Bench of the High Court, comprising Justices Sanjeev Kumar and Sanjay Parihar, stated that Section 13 of the UAPA makes it a punishable offense to incite or advocate unlawful activity. The court emphasized that merely raising slogans asserting J&K’s illegal occupation and advocating for secession constitutes such activity, even in the absence of direct incitement to violence.

“Such accusations against the respondents squarely fall within the ambit of Section 13(1), because, as per the statements recorded under Section 161 CrPC, they were advocating and inciting the commission of an unlawful activity by asserting that J&K is illegally occupied and must be separated from the Indian Union, thereby advocating secession,” the court stated in its judgment.

The case stemmed from a petition challenging the discharge order issued by the Court of Additional Sessions Judge for offenses under the UAPA in districts of Baramulla, Bandipora, and Kupwara. The High Court deemed the lower court’s order unsustainable, citing non-application of mind and erroneous application of the law.

The High Court has directed the trial court to restore the charge sheet, frame charges against the respondents under Section 13 of the UAPA, and proceed with the case in accordance with the law.

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