Terrorist Organisations Under POTA

In one line

An organisation is a terrorist organisation if it is listed in the Schedule, the Central Government adds and removes names by order, and belonging to a listed organisation, supporting it or raising money for it are three separate offences.

In the wording a student can write in an exam: by section 18(1) of the Prevention of Terrorism Act, 2002 an organisation is a terrorist organisation if it is listed in the Schedule or operates under the same name as an organisation so listed, and by section 18(3) the Central Government may add an organisation only if it believes that it is involved in terrorism.

The provisions themselves

Section 18(1), the definition by listing. An organisation is a terrorist organisation if (a) it is listed in the Schedule, or (b) it operates under the same name as an organisation listed in that Schedule.

Section 18(2), the power. The Central Government may by order in the Official Gazette add an organisation to the Schedule, remove one from it, or amend the Schedule in some other way.

Section 18(3), the limit on adding. The Government may add an organisation only if it believes that it is involved in terrorism.

Section 18(4), when an organisation is involved in terrorism. If it (a) commits or participates in acts of terrorism; (b) prepares for terrorism; (c) promotes or encourages terrorism; or (d) is otherwise involved in terrorism.

Section 19(1) and (2), denotification. An application may be made to the Central Government to remove an organisation from the Schedule, by the organisation or by any person affected by its inclusion.

Section 19(3). The Central Government may make rules prescribing the procedure for admission and disposal of such applications.

Section 19(4), review. Where an application is refused, the applicant may apply for a review to the Review Committee constituted by the Central Government under section 60(1), within one month from receipt of the order.

Section 19(5), the standard on review. The Review Committee may allow the application if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.

Section 19(6) and (7). Where the Committee allows a review it may make an order, and on receipt of a certified copy the Central Government shall make an order removing the organisation from the Schedule.

Section 20(1), membership. A person commits an offence if he belongs or professes to belong to a terrorist organisation. The proviso gives him a defence if he proves both that the organisation was not a declared terrorist organisation when he became a member or began to profess to be one, and that he has not taken part in its activities at any time during its inclusion in the Schedule.