Gangster Goldy Brar declared designated terrorist under UAPA

• Under the Unlawful Activities (Prevention) Act (UAPA), the person behind Punjabi singer Sidhu Moosewala's murder, Gangster Goldy Brar, was declared a designated terrorist by the Centre.

Definition of "Terrorist" and "Terrorist Act"

• The UAPA does not specifically define the words “terror” or “terrorist”.
• However, it outlines 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; the anti-terror provisions were introduced in 2004.

Amendments in 2019

• The 2019 amendments allowed the central government to designate individuals as terrorists if found committing, preparing for, promoting, or involved in acts of terror.
• This expanded the existing provisions for terrorist organisations.
  • Similar provision existed in Part 4 and 6 of UAPA for organisations that can be designated as a “terrorist organisation”.

Process of Designating Individuals as Terrorists

• The central government can declare an individual as a terrorist through an official gazette notification, adding their name to the Fourth Schedule of the UAPA.
• No prior hearing is required before such designation.
• Individuals convicted in a terror case are referred to as terrorists, while those suspected are called terror accused.
• The 2019 amendment did not specify the standard of proof required to establish an individual's involvement in terrorist activities.

Consequences of Being Declared a Terrorist

• Unlike the UN's global terrorist designation with associated sanctions, the 2019 amendment did not detail specific consequences.
  • The UN's designation of a global terrorist is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
• It empowered the Centre to remove a name from the schedule upon application.
• If the application filed is rejected by the government, they have the right to seek a review within one month after the application is rejected.

Review Committee and Judicial Recourse

• The central government established a review committee, including a chairperson and three members, to review designations.
• Individuals can challenge the government's order in court, providing avenues for appeal and potential removal from the terrorist list.