In a first, NIA uses UAPA to seize Pannu's assets

Ajay Banerjee

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New Delhi, September 23

The National Investigation Agency (NIA) has for the first time used the provisions of the Unlawful Activities Prevention Act (UAPA) to seize a property.

The central agency today confiscated properties of Gurpatwant Singh Pannu under the Section 33(5) of the UAPA, 1967, after the NIA Special Court, Mohali, gave it a go-ahead on September 14.

The NIA was formed in the immediate aftermath of the November 2008 Mumbai terror attacks. The UAPA was also amended accordingly. The Section 33(5) of the UAPA allows forfeiture of the property of a person accused of an offence under Chapter IV or Chapter VI of the UAPA.

“It shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached,” reads the section. The same section allows that if the person is convicted of any offence punishable under Chapter IV or Chapter VI, the court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused shall stand forfeited to the Centre or the state government.

Chapter IV is ‘punishment for terrorist activities’. This includes a terrorist act, raising funds for a terrorist act, conspiracy for organising terrorist camps, recruiting any person for a terrorist act, being a member of terrorist gang or organisation and holding proceeds of terrorism.

Chapter VI of the UAPA deals with ‘terrorist organisations’ and applies to notified terrorist organisations for offence of having membership of a terrorist organisation, supporting a terrorist organisation and for raising funds for a terrorist organisation.

Provision under Section 35 (A)

Section 35 (A) of UAPA reads: “It shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to an accused, shall, during the period of such trial, be attached.”