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Why in the News

The Ministry of Home Affairs has declared the Pakistan-based Shahzad Bhatti Network (SBN) a terrorist organisation under the Unlawful Activities (Prevention) Act, 1967. A gazette notification invoked Section 35 of the Act to add the network to the First Schedule, which lists banned terrorist organisations. The notification records that the network draws gullible youth and local criminals into smuggling arms, explosives and narcotics from across the border, and that it uses digital communication platforms to circulate provocative messages. The designation follows a nationwide crackdown on an alleged SBN linked network last month, in which security agencies detained 253 people across 14 States. The question it raises is what a domestic ban adds against a syndicate whose leadership, funding and handlers all sit outside Indian jurisdiction.

How does a Section 35 designation under the UAPA work?

1. The power: Section 35 empowers the Central Government to add an organisation to the First Schedule by notification in the Official Gazette, where it believes the organisation is involved in terrorism. The listing is what makes the organisation a terrorist organisation in law.
2. The threshold: An organisation is treated as involved in terrorism where it commits or participates in acts of terrorism, prepares for them, promotes or encourages terrorism, or is otherwise concerned in it. The present notification records that the network has participated in various acts of terrorism in India.
3. The consequences: Membership, support, fundraising and arranging meetings for a listed organisation become distinct punishable offences under the Act. The listing therefore reaches the domestic support structure rather than the organisation’s leadership abroad.
4. The remedy: A listed organisation may apply to the Central Government for removal from the Schedule, and a refusal goes to a Review Committee headed by a sitting or retired High Court judge. That committee is the only statutory check on the designation.

What is the network accused of doing?

1. Cross border smuggling: The network is accused of moving arms, explosives and narcotics across the border using local conduits. The notification treats the smuggling as the resource base for the terrorist activity rather than as a separate crime.
2. Recruitment of petty criminals: The stated method is to offer allurements to gullible youth and local criminals, motivate them for anti-national activity and mobilise resources through them. Recruitment runs through the criminal economy rather than through an ideological cadre.
3. Online radicalisation and propaganda: The network published hateful digital content and used communication platforms to circulate provocative messages. The stated targets are India’s democratic structure and communal harmony.
4. Espionage and reconnaissance: The network is suspected of paying local conduits to conduct reconnaissance and install CCTV cameras for surveillance of police, defence and religious sites. It is also linked to grenade, improvised explosive device and petrol bomb attacks and to targeted killings.
5. Attribution to a named handler: Shahzad Bhatti is accused of using social media to recruit young people, and is suspected of a link to the grenade attack at the residence of a YouTuber in Jalandhar in March last year.
6. State backing: The network is described as a Pakistan-based syndicate backed by the Inter-Services Intelligence (ISI), Pakistan’s military intelligence agency. That characterisation is what moves it from an organised crime case to a national security one.

What did the crackdown recover?

1. Scale of the operation: Security agencies detained 253 people across 14 States days before Independence Day. The geographic spread indicates a recruitment base well beyond the border States.
2. Ordnance recovered: Recoveries included improvised explosive devices, grenades bearing Pakistan Ordnance Factory markings, pistols and live cartridges. State factory markings on recovered grenades are the material link between the network and an official supply chain.
3. Surveillance equipment: CCTV cameras allegedly installed for espionage were among the recoveries. The presence of surveillance hardware alongside weapons indicates a network doing target development, not only delivery.

Why does the crime and terror linkage change the security problem?

1. Self financing structure: Narcotics trafficking funds weapons movement, so the network does not depend on transfers through the formal financial system. Financial intelligence tools built for tracing bank flows have little purchase on a cash and contraband economy.
2. Deniable local execution: Using petty criminals rather than trained cadre gives the handlers distance from the act and makes attribution harder after an arrest. The person caught rarely knows the chain above him.
3. Shared border infrastructure: The same tunnels, drone routes and courier networks serve both narcotics and weapons consignments. Eg. Drone borne consignments recovered along the Punjab border have carried both heroin and small arms in the same drop.
4. Broader footprint than a conventional outfit: A syndicate built on crime scales through existing criminal markets in the interior rather than through ideological recruitment. That explains a detention footprint across 14 States for a single network.

Challenges to the UAPA designation route

1. No reach over handlers abroad: A domestic listing criminalises support inside India and does nothing to a leadership operating under state protection across the border. Eg. Individuals designated globally under the United Nations Security Council’s 1267 sanctions regime have continued to operate from Pakistan for years.
   The Fix: Pair every domestic listing with a dossier submitted for designation under the 1267 Committee and under partner countries’ national sanctions lists.
2. Designation is not conviction: Proscription restricts an organisation and still requires the ordinary burden of proof in each prosecution that follows. Eg. Cases registered under the Act routinely run for years before trial concludes, and conviction rates recorded in them are low.
   The Fix: Resource the National Investigation Agency’s prosecution capacity and set internal timelines for filing charge sheets, so a listing converts into completed trials.
3. Renaming and reconstitution: A proscribed network can resume operations under a fresh name, which requires a fresh notification each time. Eg. Front organisations of banned outfits have repeatedly reappeared under new banners after a ban.
   The Fix: Notify successor and front entities in the same instrument that lists the parent organisation, so a name change does not restart the process.
4. Civil liberties objections to the statute: Section 43D(5) bars bail where the accusation is prima facie true, so pre-trial custody can extend for years. Eg. In Union of India v. K.A. Najeeb (2021) the Supreme Court held that prolonged incarceration with no prospect of an early trial permits bail despite that bar.
   The Fix: Fix a statutory outer limit for filing the charge sheet in listed organisation cases, after which the bail bar lapses.
5. Weak seizure of assets: A ban restricts an organisation’s property in law, and the proceeds of narcotics trafficking sit in cash and in benami holdings that are hard to attach. Eg. Terror funding investigations frequently record hawala transfers with no identifiable account holder at either end.
   The Fix: Route listed organisation cases through the Prevention of Money Laundering Act, 2002 machinery in parallel, so attachment proceedings run alongside the terror prosecution.

Conclusion

The Shahzad Bhatti Network now sits in the First Schedule, and the immediate effect is to make support for it inside India a separate offence. The designation lands on the domestic layer of the network, which is the layer the August detentions had already reached. Whether the ban changes anything depends on what follows it: charge sheets against those detained, attachment of the assets the smuggling generated, and a listing request carried into international forums. The point to watch is the first prosecution filed against a person charged as a member, since that is where the notification is tested rather than announced.

Matching Previous Year Question

“Indian government has recently strengthened the anti-terrorism laws by amending the unlawful activities (Prevention) Act (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organizations.”