MHA designates 23 Pakistan-based individuals as ‘terrorists’ under UAPA

The Ministry of Home Affairs (MHA) on July 4, 2026, invoked Section 35 of the Unlawful Activities (Prevention) Act (UAPA), 1967, to designate 23 individuals ...

What Happened

The Ministry of Home Affairs (MHA) on July 4, 2026, invoked Section 35 of the Unlawful Activities (Prevention) Act (UAPA), 1967, to designate 23 individuals as 'terrorists', adding their names to the Fourth Schedule of the Act.
The gazette notification enables the National Investigation Agency (NIA) and other agencies to block financial assets, impose embargos on arms sales, and seize properties of the designated individuals.
The 23 individuals include operatives of Jaish-e-Mohammed (JeM), Lashkar-e-Taiba (LeT), Jamaat-ud-Dawa (JuD), and The Resistance Front (TRF), all currently operating from Pakistan or Pakistan-occupied Jammu and Kashmir.
The designation brings the cumulative total of individual terrorists listed under UAPA's Fourth Schedule to 80 — up from 57 at the time the individual-designation power was first exercised in 2019.
The NIA is the primary agency empowered to act on the designation by freezing finances, seizing assets, and disrupting supply and recruitment networks.

Static Topic Bridges

UAPA — Architecture of India's Anti-Terror Legal Framework

The Unlawful Activities (Prevention) Act, 1967, is the cornerstone of India's counterterrorism legal architecture. Enacted under Entry 1 of the Union List (defence) and Entry 93 of the Union List (preventive detention), it draws constitutional support from Articles 19(2), 19(4), and 21, as well as the 16th Constitutional Amendment (1963) that authorised restrictions on fundamental rights in the interest of national sovereignty and integrity.

First Schedule (Banned Organisations): Lists organisations declared unlawful or terrorist; all members and associates are liable to prosecution.
Fourth Schedule (Individual Terrorists): Added by the 2019 Amendment. Lists individual persons designated as terrorists.
Section 43D: Provides for extended remand (up to 30 days police custody) and modifies bail conditions — bail cannot be granted if the court is of the opinion that the accusation is prima facie true.
Section 35: Empowers the Central Government to add, amend, or remove names from the Fourth Schedule by gazette notification.
Section 36: Provides a review mechanism via a Review Committee headed by a retired judge — but this is an executive committee, not a court, which critics argue does not satisfy Article 21's due process requirements.
NIA Act, 2008: Gives NIA jurisdiction to investigate Schedule offences under UAPA anywhere in India without state consent.

Connection to this news: The MHA's action was an exercise of Section 35 power; the NIA now has authority to freeze the designated individuals' finances and seize linked assets — the core operational consequence of the designation.

Consequences of Individual Terrorist Designation — Legal and Financial Effects

Designation under the Fourth Schedule of UAPA does not itself constitute a criminal conviction — the designated person must still be tried by a court for any criminal offence. However, the designation triggers a suite of administrative enforcement actions that severely constrain the individual's ability to operate. This distinguishes it from the criminal justice process and raises distinct constitutional questions about executive power and due process.

Financial action: Agencies may freeze bank accounts, block wire transfers, and prohibit any entity from conducting financial transactions with the designated individual.
Property seizure: The NIA Director General can approve seizure of properties connected with terrorism (Section 25, NIA Act).
Travel: Passports can be impounded and travel can be prevented.
Arms embargo: All arms licences can be suspended; transfer of weapons to the individual is prohibited.
Social effects: Designation can result in social exclusion and loss of livelihood — courts have noted this engages rights under Article 21.
Delisting: An individual can apply for review before the executive Review Committee; there is no direct right to approach a court against the designation itself without first exhausting this review.

Connection to this news: For the 23 newly designated individuals, this means their financial conduits within India — used to fund infiltration, recruitment, and arms procurement — can be legally disrupted without waiting for the conclusion of a criminal trial.

NIA — Mandate, Jurisdiction, and Role in Counterterrorism

The National Investigation Agency (NIA) was established under the National Investigation Agency Act, 2008, following the November 2008 Mumbai attacks, which exposed the need for a central investigative body dedicated to terrorism. It functions under the administrative control of the Ministry of Home Affairs and can take up cases suo motu or on referral from state governments. The NIA has jurisdiction across India and abroad (for offences against Indian nationals or interests) without needing state government permission.

NIA was established: 2008 (NIA Act enacted December 31, 2008).
Headquarters: New Delhi.
Investigates scheduled offences under UAPA, Explosive Substances Act, Arms Act, NDPS Act (when linked to terrorism), and offences against nuclear/cyber security.
The 2019 UAPA Amendment expanded NIA's powers — officers of Inspector rank and above (earlier ACP/DSP rank) can now conduct searches, seizures, and arrests in terror cases.
NIA has a separate Special Court system for trial of scheduled offences.

Connection to this news: The MHA's gazette notification directly empowers the NIA to act against all 23 designated individuals — freezing finances, blocking supply chains, and dismantling domestic support networks.

Key Facts & Data

Total individual terrorists designated under UAPA Fourth Schedule as of July 2026: 80
Designations under Fourth Schedule since 2019 amendment: cumulative increase from 57 to 80
Present batch: 23 individuals — 17 Pakistani nationals, 6 Indian nationals
Legal basis: Section 35, UAPA, 1967 (as amended in 2019)
Relevant Schedule: Fourth Schedule, UAPA
UAPA original enactment: December 30, 1967
Individual-designation power introduced: UAPA Amendment Act, 2019
NIA established: 2008 (NIA Act, 2008)
Review mechanism: Review Committee under Section 36 (executive body headed by a retired judge)
Constitutional challenge pending: Sajal Awasthi v. Union of India (Supreme Court, filed 2019)
Bail restriction provision: Section 43D, UAPA (bail denied if court finds prima facie case)
Maximum police custody remand under UAPA: 30 days (versus 15 days under CrPC)