Why was Shahzad Bhatti Network designated as a terrorist group under UAPA? | Explained
The Union Ministry of Home Affairs issued a gazette notification designating the Shahzad Bhatti Network (SBN) as a terrorist organisation under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
SBN was added to the First Schedule of the UAPA, at serial number 46 of the list of banned terrorist organisations.
The notification cited the network's alleged involvement in cross-border smuggling of arms, explosives and narcotics, radicalisation of youth, and publication of divisive digital content, describing it as a threat to the democratic system, communal harmony and internal security.
Enforcement action linked to the network has reportedly included over 80 First Information Reports (FIRs) and around 200 arrests across multiple states.
UAPA Section 35 — Power to Designate Terrorist Organisations
Section 35 of the UAPA empowers the Central Government to add an organisation's name to the First Schedule, or an individual's name to the Fourth Schedule, by notification in the Official Gazette, where it believes the organisation or individual is "involved in terrorism" — including committing, participating in, preparing for, promoting, or otherwise being involved in terrorist acts.
Key Details
- Every such notification must be laid before Parliament as soon as possible after issuance
- An organisation identified as terrorist in a UN Security Council resolution under Chapter VII of the UN Charter may also be added to the First Schedule
- A designated organisation (or individual) can apply for de-notification, reviewed by a statutory Review Committee headed by a sitting or retired High Court judge (Sections 36-37)
- The UAPA (Amendment) Act, 2019 extended this designation power to individuals via the Fourth Schedule — previously only organisations could be banned; the amendment's constitutionality (absence of a pre-decisional hearing) is under challenge before the Supreme Court
SBN's designation follows the organisational-ban route under Section 35(1)(a), inserted at serial 46 of the First Schedule — distinct from the individual-designation route used for persons like Masood Azhar under the Fourth Schedule.
First Schedule vs Second Schedule vs Fourth Schedule — Organisations, Unlawful Associations, and Individuals
The UAPA uses different schedules and procedures depending on the nature and permanence of the ban, and students often conflate them.
Key Details
- First Schedule: "terrorist organisations" banned under Section 35 by gazette notification; no automatic expiry
- Second Schedule: "unlawful associations" declared under Section 3, a lighter provision requiring periodic confirmation by a Tribunal and lapsing after a fixed period unless renewed
- Fourth Schedule: "individual terrorists" designated since the 2019 amendment, independent of any organisational membership
- Examples of First Schedule entries include Lashkar-e-Taiba, Jaish-e-Mohammed, SIMI, and ISIS-linked outfits
SBN's ban as a "terrorist organisation" under the First Schedule is a more permanent designation than an "unlawful association" listing, reflecting the seriousness of the alleged cross-border terror-linked activity.
National Investigation Agency (NIA) and Counter-Terror Investigation Architecture
The NIA Act, 2008, enacted after the 26/11 Mumbai attacks, created the National Investigation Agency as India's central counter-terrorism investigating agency for scheduled offences, including UAPA offences.
Key Details
- NIA can take up investigation suo motu, on a state's request, or on Central Government direction, particularly for offences with cross-state or international links
- The UAPA (Amendment) Act, 2019 also empowered NIA officers of the rank of Inspector and above to investigate offences under the Act, and permitted the NIA Director-General to approve property attachment without prior state government consent
- NIA investigations feed into designations under Section 35 by establishing an organisation's pattern of terrorist activity
Multi-state enforcement action (FIRs and arrests across several states) linked to a First Schedule-designated network typically falls within the NIA's cross-jurisdictional investigative mandate.
- SBN added at serial number 46 of the UAPA First Schedule of terrorist organisations
- Alleged activities: cross-border arms/explosives/narcotics smuggling, youth radicalisation, divisive digital propaganda
- Enforcement so far (as reported): 80+ FIRs, around 200 arrests, action across 14 states
- UAPA enacted: 1967; major amendments — 2004 (added terrorism-specific provisions after repeal of POTA), 2008 (post-26/11 changes), 2019 (individual designation power)
- Legal basis for the designation: Section 35, UAPA, via gazette notification tabled before Parliament