Order dated 19.03.2026 of the Unlawful Activities (Prevention) Tribunal adjudicating the notification dated 22.09.2025 in the matter of National Socialist Council of Nagaland (Khaplang) NSCN (K)

रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-30032026-271419 CG-DxLx-xEG-I3D0H0x3x2x0 26-271419 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1586] नई दिल्ली, सोमिार, माच च30, 2026/चत्रै 9, 1948 13, 1947 26/पौि 17, 1947 No. 1586] NEW DELHI, MONDAY, MARCH 30, 2026/CHAITRA 9, 1948 ss, 1947 /PAUSHA 17, 1947 गहृ मत्रं ालय अजधसचू ना नई दिल्ली, 30 माचच, 2026 का. आ.1651(अ).— गौहाटी उच्च न्यायालय के न्यायाधीि माननीय न्यायमूर्तच श्री नले सोन साइलो की अध्यक्षता म ें गठित अजधकरण, जिसको जिजधजिरुद्ध दियाकलाप (जनिारण) अजधजनयम, 1967 की धारा 4(1) के अंतगचत यह न्याय- जनणचय करने का मामला भेिा गया था दक नेिनल सोिजलस्ट्ट काउंजसल ऑफ नागालडैं (खापलांग) [एनएससीएन (के)] को इसके सभी गुटों, स्ट् कंधों और अग्रणी संगिनों सजहत जिजधजिरुद्ध संगम के रूप म ें घोजित करने के जलए पयाचप्त कारण ह ै या नहीं, के आििे दिनांक 19.03.2026 को जिजधजिरुद्ध दियाकलाप (जनिारण) अजधजनयम, 1967 की धारा 4 (4) के अनुसार आम िानकारी के जलए प्रकाजित दकया िाता ह ै:

(आििे इस अजधसूचना के अग्रं िे ी भाग म ेंछपा ह।ै ) [फा. स.ं 11011/02/2025-एनई. V] नीरि कुमार बनसोड, संयुक् त सजचि 2302 GI/2026 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS

NOTIFICATION New Delhi, the 30th March, 2026 S.O. 1651(E).—In terms of Section 4(4) of the Unlawful Activities (Prevention) Act, 1967, the order dated 19.03.2026 of the Tribunal presided over by Hon’ble Shri Justice Nelson Sailo, Judge of the Gauhati High Court, to whom a reference was made under Section 4(1) of the Unlawful Activities (Prevention) Act, 1967 for adjudicating whether or not there is sufficient cause for declaring National Socialist Council of Nagaland (Khaplang) [NSCN (K)] along with all their factions, wings and front organizations as unlawful associations is published for

general information: [F. No. 11011/02/2025-NE. V] NIRAJ KUMAR BANSOD, Jt. Secy.

UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL IN THE MATTER OF NATIONAL SOCIALIST COUNCIL OF NAGALAND

(KHAPLANG) [NSCN (K)]

IN THE MATTER OF :-

Notification bearing no. S.O. 4241 (E) dated 22.09.2025, published in the Gazette of India in its issue dated

22.09.2025, declaring the National Socialist Council of Nagaland (Khaplang) [NSCN (K)] along with all its factions, wings and front organizations, as ‘unlawful association’ in exercise of the powers conferred by sub-section [1] of

Section 3 of the Unlawful Activities [Prevention] Act, 1967 [Act no. 37 of 1967]. – AND –

IN THE MATTER OF :-

Notification bearing no. S.O. 4709 (E) dated 17.10.2025, published in the Gazette of India in its issue dated

17.10.2025 and issued in exercise of the powers conferred by sub-section [1] of Section 5 of the Unlawful Activities [Prevention] Act, 1967, constituting ‘The Unlawful Activities [Prevention] Tribunal’, for the purpose of adjudicating whether or not there is sufficient cause for declaring the National Socialist Council of Nagaland (Khaplang) [NSCN

(K)] along with all its factions, wings and front organizations as ‘unlawful association’. – AND –

IN THE MATTER OF :- Reference under sub-section [1] of Section 4 of the Unlawful Activities [Prevention] Act, 1967 made to the Unlawful Activities [Prevention] Tribunal by the Government of India in the Ministry of Home Affairs vide letter bearing no.

11011/02/2025-NE.V dated 17.10.2025.

BEFORE HON’BLE MR. JUSTICE NELSON SAILO PRESIDING OFFICER

For the Union of India : Mr. Subhash Chandra Keyal, Special Counsel.

For the State of Arunachal Pradesh : Mr. Arun Chandran, Senior Govt. Advocate.

For the State of Manipur : Mr. P. Ramesh Kumar, Standing Counsel.

For the State of Nagaland : Ms. T. Khro, Additional AG, Nagaland.

Ms. M. Kechii, Additional AG, Nagaland.

For the Tribunal : Mr. Saptarshi Das, Registrar, Unlawful Activities (Prevention) Tribunal.[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 3 For the NSCN (K) : None appeared.

Date when order is reserved : 16.03.2026.

Date of Order : 19.03.2026.

List of Referred Cases:

1. Arup Bhuyan v. State of Assam & Anr. reported in (2023) 8 SCC 745.

2. Hitendra Vishnu Thakur & Ors. v. State of Maharastra & Ors. reported in AIR 1994 SC 2623.

3. Jamaat-E-Islami Hind vs. Union of India, reported in (1995) 1 SCC 428.

1. In exercise of the powers conferred by sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 [Act no. 37 of 1967] [hereinafter referred to as ‘the UA(P) Act’, 1967 or simply as ‘The Act’, for ease of reference], the Central Government, in the Ministry of Home Affairs, by issuing a Notification bearing no. S.O. 4241 (E) dated 22.09.2025, published in the Gazette of India in its issue dated 22.09.2025, has declared National Socialist Council of Nagaland (Khaplang) (hereinafter referred to as ‘NSCN (K)’) along with all its factions, wings and front organizations as ‘unlawful association’.

2. The Notification bearing no. S.O. 4241 (E) dated 22.09.2025 has, inter alia, mentioned the grounds for which the Central Government is of the opinion that the abovementioned organization along with all its factions, wings and front organizations should be declared as an unlawful association. The relevant excerpts of the

Notification dated 22.09.2025 are reproduced hereunder:- “……WHEREAS, the National Socialist Council of Nagaland (Khaplang) along with all its factions, wings and front organisations [hereinafter referred to as NSCN (K)] has been involved in such activities which are prejudicial to the sovereignty and integrity of India;

AND WHEREAS, the Central Government is of the opinion that the NSCN (K) has,-

(a) declared its aim to create a sovereign Nagaland incorporating the Naga inhabited areas of Indo-Myanmar region by secession from the Indian Union;

(b) aligned itself with other unlawful associations like the ULFA(I), PREPAK and PLA;

(c) indulged in kidnapping for ransom and extortion of money from businessmen, Government officials and other civilians;

(d) possessed illegal arms and ammunitions; and

(e) obtained assistance from anti-India forces in other countries to procure arms and other assistance

AND WHEREAS, the following activities have been noted in the case of NSCN (K), during the period from 28th September, 2020 to 30th April, 2025, namely:-

(a) killing of thirteen UG cadres in police or security forces action;

(b) registration of seventy-one cases against its cadres with fifty-six charge sheets filed and thirty-five cadres prosecuted;

(c) involvement of its cadres in fifty-one other criminal activities;

(d) arrest of eighty-five cadres and surrender by sixty-nine cadres;

(e) recovery of sixty-nine arms, fifty-two Magazines, nine hundred thirty-one live rounds, ten grenades, one hundred fifty detonators, three explosives gel tubes, two hundred grams Trinitrotoluene, one and half kilogram Improvised Explosive Device and eight hundred grams other explosives.

AND WHEREAS, the State Governments of Nagaland, Manipur and Arunachal Pradesh have also recommended for declaration of NSCN (K) as an unlawful association under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967);

AND WHEREAS, the Central Government is of the opinion that the aforesaid activities of NSCN (K) are detrimental to the sovereignty and integrity of India and if these are not immediately curbed and controlled, the NSCN (K) may further regroup and rearm itself, expand its cadres, procure sophisticated weapons, cause loss of lives of civilians and security forces and thereby accelerate its anti-national activities;

AND WHEREAS, the Central Government is of the opinion that for the reasons aforesaid, the NSCN (K) together with its factions, wings and front organisations, is an unlawful association;…”

3. By another Notification bearing no. S.O. 4709 (E) dated 17.10.2025, published in the Gazette of India in its issue dated 17.10.2025, the Central Government, in exercise of the powers conferred by sub-section [1] of

Section 5 of the UA(P) Act, 1967, has constituted this Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring NSCN (K) as an unlawful association.4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

4. The Ministry of Home Affairs, Government of India by an order bearing no. 11011/02/2025-NE.V dated

17.10.2025 issued under the hand of Sri Rajeev Kumar, Under Secretary to the Government of India, Ministry of Home Affairs, North-East Division; appointed Sri Saptarshi Das, Deputy Registrar (Bench), Gauhati High Court as Registrar of this Tribunal.

5. The provisions of sub-section (1) of Section 4 of the UA(P) Act, 1967 require that where any association has been declared as unlawful by a notification issued under sub-section (1) of Section 3, the Central Government shall, within thirty days from the date of publication of the notification under the said sub-

section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association as unlawful. In accordance with the same, the present Reference has been made to this Tribunal by the Central Government under Section 4(1) of the UA[P] Act, 1967 vide a letter bearing no. 11011/02/2025-NE.V dated 17.10.2025.

PROCEEDINGS OF THE TRIBUNAL FIRST and SECOND Sitting dated 29.10.2025 & 31.10.2025

6. The Tribunal held its first and second sitting on 29.10.2025 and 31.10.2025 respectively. The first sitting was held in respect of Union of India and State of Nagaland whereas the second sitting was held in respect of State of Arunachal Pradesh and Manipur. The Union of India and States of Arunachal Pradesh, Manipur and Nagaland were duly represented on the aforementioned dates. After careful consideration of the materials placed by the Central Government and after hearing the learned Special Counsel for the Union of India and learned counsels for the respective States; this Tribunal was prima facie satisfied that notices under Section 4(2) of the UP(A) Act, 1967 should be issued to NSCN (K) along with all its factions, wings and front organizations as well as to its principal office bearers to show cause within 30 (Thirty) days from the date of service of the notice as to why NSCN (K) should not be declared as unlawful. The Tribunal directed that the

notices shall be served upon the organization in the following manner:-

(i) By Speed Post/Registered A/D at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as that of its principal office bearers.

(ii) Service of notice be also effected on the Office Bearers of NSCN (K) in Arunachal Pradesh, Manipur and Nagaland at its addresses, if any or if under detention, through the Superintendent (Jail) concerned.

(iii) By publication along with a copy of the Gazette Notification dated 22nd September, 2025 in two daily newspapers, one in a National Newspaper (in English) and the other one in prominent local vernacular language newspaper, having wide circulation in the areas where the activities of the NSCN (K) are ordinarily carried on, within 14 days from the date of the order.

(iv) By affixation of the notice along with a copy of the Gazette notification dated 22nd September, 2025 at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as its principal office bearers.

(v) By a proclamation by beating of drums as well as loudspeakers about the contents of the notice and the

Notification dated 22nd September, 2025, in the areas in which the activities of NSCN (K) were or are ordinarily carried on.

(vi) By displaying the notice along with a copy of the Gazette notification dated 22nd September, 2025, on the notice board of the Deputy Commissioner, SDM and Superintendent of Police in all the district headquarters of the State where the activities of NSCN (K) were or are believed to be ordinarily carried on.

(vii) Notice be also served on the State Government of Arunachal Pradesh, Manipur and Nagaland through their respective Chief Secretaries.

(viii) The Notice and the Gazette notification dated 22nd September, 2025, be also announced in the All India Radio/electronic media at the prime time and shall also be pasted at the prominent places in the respective States where the activities of NSCN (K) were or are believed to be carried on.

(ix) By affixing copies of the notice at some conspicuous parts of the offices, if any, of NSCN (K).

(x) By publishing on the website of Ministry of Home Affairs, Union of India and of the Department of Home and Political, Government of Arunachal Pradesh, Manipur and Nagaland.

(xi) By any other possible modes, including e-mail etc.

7. The Tribunal directed that report of the service of notice shall be submitted to the Registrar, duly supported by affidavits of the concerned Officer(s)/Official(s) who have effected the service along with the supporting documents. The Tribunal decided to hold its next sitting on 16.12.2025.[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 B. THIRD Sitting dated 16.12.2025

8. Mr. S.C Keyal, learned Special Counsel for the Union of India submitted that in compliance of the order dated 29.10.2025, service of notice through publication on the website of Ministry of Home Affairs, Union of India had been effected and to that effect, an affidavit had been filed before the Registrar of this Tribunal.

9. In the said affidavit, the deponent Mr. Rajeev Kumar, Under Secretary in the Ministry of Home Affairs, Government of India has deposed that in compliance of order dated 29.10.2025 of this Tribunal, publication has been effected on the website of Ministry of Home Affairs, Union of India, viz. (www.mha.gov.in) (home>Division of MHA>North East Division>Notifications Under the Unlawful Activities (Prevention) Act [UAPA], 1967>Nagaland>Sl. No. 1 & 2).

10. The State of Nagaland did not file the requisite service affidavit and prayed for additional time, which was allowed. The State of Arunachal Pradesh and Manipur filed their affidavit pertaining to the various modes of service as required under section 4(2) of UA(P) Act, 1967 read with Rule 6 of The Unlawful Activities

(Prevention) Rules, 1968 as enumerated in order dated 31.10.2025. The same is discussed in the succeeding paragraphs.

STATE OF ARUNACHAL PRADESH

11. The State of Arunachal Pradesh had taken informative steps for service of notice and had submitted 4 (Four) affidavits to show compliance. The affidavits were submitted by Sri L. Sampu, Deputy Secretary;

Department of Home, Government of Arunachal Pradesh; Sri Aditya, Superintendent of Police, Tirap District; Sri Dekio Gumja, Superintendent of Police, Longding District and Sri K. Padu, Superintendent of Police, Changlang District. For the sake of brevity, a summary of the effect of service is enumerated hereunder;

i. In Changlang district, notice was served upon Sri Yung Aung Ngemu on 24.11.2025 vide Indian Post at his last known address. In Longding district, the Office bearers of NSCN (K) do not have any registered or last known address. In Tirap district, notices were sent at the last known addresses on 18.11.2025.

ii. In Changlang district, notice was served on 23.11.2025 upon 1 (One) Office bearer who is under detention in Changlang Sub-Jail. In Longding district, notice was served on 20.11.2025 upon 4

(Four) Office bearers who are under detention in Longding Sub-Jail. In Tirap district, no officer bearer is under detention. iii. The Gazette Notification and show cause notice was published in the newspapers namely ‘INDIAN EXPRESS’, ‘ARUNACHAL FRONT’, ‘ARUNACHAL OBSERVER’ and ‘THE ECHO OF ARUNACHAL’ in their issues dated 15.11.2025. In Changlang district, local media ‘HELLGATE JOURNAL’ has published the notice.

iv. Notice could not be served upon NSCN (K) at its last known address as it does not have any last known address. v. In Changlang district, notice has been served by beating of drum and loudspeaker on 19.11.2025.

Notice has been effected vide the same mode in Longding and Tirap district as well. vi. In Changlang district, notices have been served by pasting them in the notice board on 20.11.2025.

In Longding and Tirap district, notices have been served vide the said mode as well. vii. Service on State Government through its Chief Secretary has been effected. viii. The Government of Arunachal Pradesh effected service vide announcement in All India Radio. The request was made on 18.11.2025.

ix. Since NSCN (K) does not have any registered address, notice of service vide the same could not be effected. x. The notice has been uploaded on the Ministry website. xi. Notices could not be served vide e-Mail as e-mail addresses of NSCN (K) or any of its Office bearers are not available.

12. Learned counsel Mr. Arun Chandran submitted that steps for service of notice on NSCN (K) were taken on various dates, the last date being 24.11.2025. It may be mentioned that Section 4(2) of the UA(P) Act, 1967 mandates that the Tribunal shall call upon the association affected by notice in writing to show cause within thirty days from the date of service of such notice, why the association should not be declared unlawful. From perusal of the affidavit, it was discernible that the statutory period of 30 days for the appearance of the members of the organization for filing objection/reply/written statement as mentioned in the notice was not yet complete. As such, this Tribunal held that it will wait till the next date for completion of the mandatory period of 30 days.6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] STATE OF MANIPUR

13. The State of Manipur had taken the following steps for service of notice: i. The Gazette Notification was published in two different leading local newspapers namely ‘POKNAPHAM’ and ‘THE SANGAI EXPRESS’ (Manipuri Edition) dated 07.12.2025 and ‘THE SANGAI EXPRESS’ (English Edition) dated 05.12.2025. The same was also published in one National newspaper namely ‘THE INDIAN EXPRESS’ dated 11.12.2025. The gist of order dated

31.10.2025 and show-cause notice was published in ‘THE SANGAI EXPRESS’ on 05.12.2025. ii. Service of notice was also effected by way of broadcasting by ‘AKASHVANI IMPHAL’ on

09.12.2025 at 3:00 P.M. iii. The Gazette Notification was uploaded on the official website of the Government of Manipur on

05.12.2025. iv. The show cause notice and Gazette Notification was displayed on the Notice Board of the Superintendent of Police in all the districts. Service reports dated 03.12.2025 and 04.12.2025 were annexed.

14. Learned counsel Mr. P. Ramesh Kumar had submitted that steps for service of notice on NSCN (K) were taken on various dates, the last date being 11.12.2025.

15. From perusal of the affidavit, it was discernible that the statutory period of 30 days for the appearance of the members of the organization for filing objection/reply/written statement as mentioned in the notice was not yet complete. As such, this Tribunal directed that it wait till the next date for completion of the mandatory period of 30 days.

16. Also, this Tribunal had specifically directed service of notice by the prescribed modes as encapsulated vide

order dated 31.10.2025. However, the affidavit did not disclose service of notice by all the prescribed modes.

As such, the State of Manipur was directed to file additional affidavit highlighting service of notice vide the prescribed modes, or the reasons encircling failure of the same ;

(i) By Speed Post/Registered A/D at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as that of its principal office bearers.

(ii) Service of notice on the Office Bearers of NSCN (K) in Manipur at its addresses, if any or if under detention, through the Superintendent (Jail) concerned.

(iii) By affixation of the notice along with a copy of the Gazette notification dated 22nd September, 2025, at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as its principal office bearers.

(iv) By a proclamation by beating of drums as well as loudspeakers about the contents of the notice and the Notification dated 22nd September, 2025, in the areas in which the activities of the NSCN (K) were or are ordinarily carried on.

(v) Notice be also served on the State Government of Manipur through its Chief Secretary.

(vi) By affixing copies of the notice at some conspicuous parts of the offices, if any, of NSCN (K).

(vii) By any other possible modes, including e-mail etc.

17. Also, it was directed that the additional affidavit shall invariably specify the dates on which service vide the abovementioned modes were effected.

C. FOURTH Sitting dated 28.01.2026

18. In the fourth sitting, the orders passed in respect of the various States are discussed in the succeeding paragraphs.

STATE OF ARUNACHAL PRADESH

19. On the last fixed date, viz. 16.12.2025, the statutory period of 30 days for the appearance of the members of the organization for filing objection/reply/written statement as mentioned in the notice was not yet complete.

However, the same was complete on 28.01.2026. As such, the statutory period of 30 days had lapsed but appearance was tendered by NSCN (K) before this Tribunal.

STATE OF MANIPUR

20. Learned counsel Mr. P. Ramesh Kumar submitted that steps have been taken as per the modes prescribed.

After careful scrutiny of the additional affidavit submitted by the State of Manipur, it was discernible that the[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 7 State of Manipur had complied with the directions of this Tribunal. For the sake of brevity, a summary of the effect of service is enumerated hereunder;

i. Service of notice by Speed Post/Registered A/D at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as that of its principal office bearers could not be effected since there is no last known addresses of NSCN (K) nor its factions, wings, front organizations and Principal office bearers.

ii. Service of notice on the Office Bearers of NSCN (K) in Manipur at its addresses, if any or if under detention, through the Superintendent (Jail) concerned could not be effected as no known Office Bearers of NSCN (K) is lodged in the Central Prison of Manipur at present.

iii. Service of notice by affixation of the notice along with a copy of the Gazette notification dated 22nd September, 2025, at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as its principal office bearers could not be effected as there are no last known addresses of NSCN (K) or its principal office bearers.

iv. Service of notice by a proclamation by beating of drums as well as loudspeakers about the contents of the notice and the Notification dated 22nd September, 2025, in the areas in which the activities of the NSCN (K) were or are ordinarily carried on was effected within the jurisdiction of City Police Station and in and around Mayang Imphal PS jurisdiction on 03.12.2025 @ 3:00 P.M and 1:00 P.M respectively.

v. Service of notice by affixing copies of the notice at some conspicuous parts of the offices, if any, of NSCN

(K) was effected on 03.12.2025 and 04.12.2025. vi. Service of notice by any other possible modes, including e-mail etc. could not be effected as there are no available known e-mail addresses of NSCN (K).

STATE OF NAGALAND

21. The State of Nagaland took informative steps for service of notice and had submitted affidavit to show compliance. The affidavit was submitted by Sri Limasunep Jamir, IPS, Special Secretary to the Government of Nagaland, Department of Home. For the sake of brevity, a summary of the effect of service is enumerated hereunder;

i. Notice could not be served by Speed Post/Registered A/D at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as that of its principal office bearers as there is no last known address of NSCN (K).

ii. Service of notice on the Office Bearers of NSCN (K) in Nagaland at its addresses, if any or if under detention, through the Superintendent (Jail) concerned was effected by serving notices on 09.12.2025 to undertrial prisoners who are detained at District Jail, Mon.

iii. Notice was served by publication along with a copy of the Gazette Notification dated 22nd September, 2025, in three widely circulated newspapers, viz. Nagaland Post, Eastern Mirror and the Morung Express on

16.11.2025. iv. Notice could not be served by affixation of the notice along with a copy of the Gazette notification dated 22nd September, 2025, at the last known addresses of NSCN (K) along with all its factions, wings and front organizations as well as its principal office bearers as there are no last known addresses of NSCN (K).

v. Notice has been served by displaying the notice along with a copy of the Gazette notification dated 22nd September, 2025, on the notice board of the Deputy Commissioner, SDM and Superintendent of Police in all the district headquarters of the State where the activities of the NSCN (K) were or are believed to be ordinarily carried on and the action taken reports dated 09.12.2025 were enclosed.

vi. The Notice and the Gazette notification dated 22nd September, 2025, was announced in ‘Prasar Bharati’, Regional News Unit, Akashvani, Kohima on 08.12.2025. vii. Notice could not be served by affixing copies of the notice at some conspicuous parts of the offices, if any, of NSCN (K) as there are no last known addresses of NSCN (K).

viii. Notice was served by publishing on the website of Home Department of Home, Government of Nagaland on

17.12.2025. ix. Service of notice by any other possible modes, including e-mail etc. could not be effected as there are no available known e-mail addresses of NSCN (K).

22. In view of the affidavits filed by the States of Arunachal Pradesh, Manipur and Nagaland giving addresses and detailed steps taken for service of notice, this Tribunal held that service of notice in terms of the earlier orders and as per Section 4(2) of the UA(P) Act, 1967 read with Rule 6 of the 1968 Rules framed thereunder, was duly completed.8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

23. As such, the matter was fixed for filing of evidence-on-affidavit both by the Union of India and States of Arunachal Pradesh, Manipur and Nagaland.

D. FIFTH Sitting dated 26.02.2026

24. The State of Nagaland prayed for time for filing evidence-on-affidavit, which was allowed by this Tribunal.

25. The Union of India filed evidence-on-affidavit of Mr. Rajeev Kumar, working as Under Secretary in the Ministry of Home Affairs, Government of India. Two documents were exhibited, viz. a. Exhibit-CW1/A-A2: Justification for continuation of declaration of NSCN (K) as an unlawful association w.e.f. 28th September, 2025 (Annexures I-III).

b. Exhibit-CW1/B: Notification dated 22.09.2025 declaring NSCN (K) as an unlawful association under the UA(P) Act, 1967 (Annexure-IV).

26. The learned counsel representing the State of Arunachal Pradesh had filed evidence-on-affidavit of 4 (Four) witnesses, viz.; i. Mr. Likha Sampu, Deputy Secretary, Department of Home, Government of Arunachal Pradesh.

ii. Mr. Aditya, IPS, Superintendent of Police, Khonsa, Tirap district, Arunachal Pradesh. iii. Mr. Kirli Padu, APPS, Superintendent of Police, Changlang district, Arunachal Pradesh. iv. Mr. Dekio Gumja, APPS, Superintendent of Police, Longding district, Arunachal Pradesh.

27. The State of Manipur filed evidence-on-affidavit of Sheikh Muhammad Hussain Ahmed, MPS, SDPO, Nungba, Tamenglong district, Manipur.

E. SIXTH Sitting dated 06.03.2026

28. In compliance of this Tribunal’s direction vide order dated 26.02.2026, the State of Nagaland filed evidence- on-affidavit of Dr. Mhalo Ezung, SP (Crime) Police Head Quarter, Government of Nagaland. The matter was then fixed for cross-examination.

F. SEVENTH Sitting dated 10.03.2026

29. It may be mentioned that all the deponents who had filed evidence-on-affidavit had joined the proceedings through video-conferencing for the purposes of cross-examination. However, none had appeared on behalf of NSCN (K) to cross-examine the witnesses. As such, the cross-examination of the deponents was closed and the next date was fixed for arguments.

G. EIGHTH Sitting dated 16.03.2026

30. The learned Special Counsel for Union of India and the learned counsels for the States of Arunachal Pradesh, Manipur and Nagaland tendered their written submissions and hearing was concluded. The matter was reserved for order/(s). The contentions/submissions will be delved into in detail in the succeeding paragraphs.

DISCUSSIONS, DECISIONS AND REASONS THEREOF

31. It may be mentioned that a comprehensive and detailed justification for continuation of NSCN (K) as an unlawful association for a further period of 5 (Five) years was provided by the Union of India and States of Arunachal Pradesh, Manipur and Nagaland in their respective evidence-on-affidavit.

UNION OF INDIA:

32. The Union of India had tendered the evidence of one witness, viz. Mr. Rajeev Kumar, Under Secretary to the Ministry of Home Affairs, Union of India who had deposed as C.W-1 through the evidence-on-affidavit.

33. C.W-1 had submitted that NSCN (K) was formed in January, 1980 and split into two factions in the year 1988, viz. National Socialist Council of Nagaland (Isak Muivah) [NSCN (IM)] led by Isak Swu and Th.

Muivah and National Socialist Council of Nagaland (Khaplang) [NSCN (K)] led by late S.S. Khaplang.

34. The NSCN (K-Khango) signed a Ceasefire Agreement with Government of India in 2019 and is engaged in peace talks. However, NSCN (K-YA) and NSCN (K-Angmai) are reportedly carrying out nefarious activities like attacks on security forces, extortion, intimidation, etc. in Indian territory along the Indo- Myanmar Border (IMB).

35. During the review period (w.e.f. 28th September, 2020), cadres of NSCN (K-YA) and NSCN (K-Angmai) infiltrated through the IMB and carried out terror activities in Charaideo, Tinsukia and Dibrugarh districts of Assam; Mon, Noklak, Longleng, Chumoukedima, Dimapur, Zunheboto, Phek and Mokokchung districts of Nagaland; Tirap, Changlang and Longding (TCL) districts of Arunachal Pradesh and Ukhrul, Noney, Chandel and Senapati districts of Manipur. Moreover, in Myanmar, NSCN (K) outfits are reportedly[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 9 harbouring and extending logistical assistance to other inimical Indian proscribed organizations such as ULFA (I), PREPAK and PLA which continue to impress upon their respective separatist agenda.

36. C.W-1 further submitted that the NSCN (K) was initially declared an unlawful association under UA(P) Act, 1967 in September, 2015 and this declaration has been continuously extended since then. During the period from 28.09.2020 till 30.04.2025, NSCN (K) factions were involved in twenty-nine incidents of violence in which eighteen deaths and sixteen injuries of security personnel and civilians occurred. Seventy-one cases were registered with charge sheets filed in fifty-six cases and thirty-five cadres prosecuted or convicted during this period.

37. During the aforesaid period, eighty-five cadres of NSCN (K) factions were arrested, sixty-nine of its cadres surrendered and fifty-one other criminal activities including kidnappings have been reported. Also, during the aforesaid period, sixty-nine arms (Rifle-30, Pistol-37, Lathode Gun-02), fifty-two Magazines, nine hundred thirty-one Live Rounds, ten Grenades, one hundred fifty Detonators, three explosives gel tubes, two hundred grams TNT, one and half kilogram IED and eight hundred grams other explosives were recovered.

38. It was further submitted that the group reportedly has an approximate strength of 400 (Four hundred) to 500 (Five hundred) cadres with four hundred weapons in Myanmar, including fifty to seventy-five Indian Naga cadres. The Government/(s) of Nagaland, Manipur, Arunachal Pradesh were consulted and they recommended that NSCN (K) be declared as an unlawful association under the UAPA, 1967 for a further period of 5 (Five) years w.e.f 28.09.2025.

39. C.W-1 further submitted that in view of the foregoing, the Central Government concluded that NSCN (K) along with all their factions, wings and front organizations should be declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967 for a period of five years with effect from 28.09.2025 for the following reasons, namely: - i. Its aim to create a sovereign Nagaland incorporating the Naga inhabited areas of Indo-Myanmar region by secession from the Indian Union;

ii. Aligning itself with other unlawful associations like the ULFA(I), PREPAK and PLA; iii. Indulging in kidnapping for ransom and extortion of money from businessmen, Government officials and other civilians;

iv. Possession of illegal arms and ammunitions; v. Obtaining assistance from anti-India forces in other countries to procure arms and other assistance.

40. Accordingly, NSCN (K) has been declared as unlawful association for a period of five years with effect from

28.09.2025 through Notification No. S.O. 4241 (E) dated 22.09.2025 by the Central Government.

41. C.W-1 further submitted that the Government of Nagaland while furnishing its justifications for extension of

notification for declaring the NSCN (K) as unlawful association has given details of activities of this outfit including arrest of cadres, details of weapons recovered, details of cadres who surrendered and other criminal activities etc. They have been exhibited as Exhibit CW1/A (Annexure-l).

42. C.W-1 further submitted that the Government of Manipur while furnishing its justifications for extension of

notification for declaring the NSCN (K) as unlawful association has given details of activities of this outfit including cases registered, charge sheets filed, arrests of NSCN (K) cadres, etc. They are exhibited as Exhibit CW1/A1 (Annexure-ll).

43. C.W-1 finally submitted that the Government of Arunachal Pradesh while furnishing its justifications for extension of notification for declaring NSCN (K) as unlawful association has given a brief note on activities of this outfit including the report of the NSCN (K) group related incidents like case registered, OG/OGW arrest, extortion demand etc. in Tirap, Changlang and Longding district of Arunachal Pradesh. All these are exhibited as Exhibit CW1/A2 (Annexure-ll).

44. The Union of India has averred that the previous notification, declaring NSCN (K) as unlawful association was issued vide Notification No. S.O. 3350 (E) dated 28.09.2020. A reference under sub-section (1) of

Section 4 of the Unlawful Activities (Prevention) Act, 1967 was made to the Unlawful Activities

(Prevention) Tribunal consisting of Justice Kalyan Rai Surana, Judge of the Gauhati High Court and learned Tribunal vide order dated 16.06.2021, confirmed the notification dated 28.09.2020 issued by the Government of India. As stated above, the declaration has now been extended for a period of 5 (Five) years w.e.f.

28.09.2025 vide notification No. S.O. 4241 (E) dated 22.09.2025.

45. Therefore, the Union of India has prayed that this Hon'ble Tribunal may confirm the Notification No.

S.O.4241 (E) dated 22nd September 2025 declaring the NSCN (K) as 'unlawful association'. The notification was exhibited as Exhibit-CW1/B (Annexure-lV)10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

STATE OF ARUNACHAL PRADESH:

46. The State Government of Arunachal Pradesh, in its justification for extension of notification of NSCN (K) as an ‘unlawful association', in its written submission has enumerated the detailed activities of the outfit including cases registered, number of charge sheets filed, statements of witnesses, seizure lists etc. The State of Arunachal Pradesh has vociferously submitted that it is necessary to give effect to the notification declaring NSCN (K) as an 'unlawful association'.

47. The State of Arunachal Pradesh, through its written submissions, has also comprehensively dealt with the respective criminal cases against NSCN (K) and its members which would be reflected in the succeeding paragraphs.

48. The learned counsel for the State of Arunachal Pradesh has submitted that even after the declaration of NSCN (K) as an unlawful association, it has persistently engaged in unlawful and anti-national activities, as substantiated by numerous F.I.Rs registered across various districts of Arunachal Pradesh.

49. The learned counsel representing the State of Arunachal Pradesh had filed evidence-on-affidavit of 4 (Four) witnesses, viz.; i. Mr. Likha Sampu, Deputy Secretary, Department of Home, Government of Arunachal Pradesh.

ii. Mr. Aditya, IPS, Superintendent of Police, Khonsa, Tirap district, Arunachal Pradesh. iii. Mr. Kirli Padu, APPS, Superintendent of Police, Changlang district, Arunachal Pradesh. iv. Mr. Dekio Gumja, APPS, Superintendent of Police, Longding district, Arunachal Pradesh.

Evidence-on-affidavit filed by Mr. Likha Sampu.

50. The deponent has submitted that in view of the unlawful activities carried on by NSCN (K), the Government of India declared the outfit along with its factions, wings and front organization as unlawful association under the UA(P) Act, 1967 vide Notification no. S.O. 4241(E) dated 22.09.2025 issued by the Government of India on the basis of the grounds mentioned therein. The notification was made applicable with immediate effect for the reasons recorded in the said notification. The Notification dated 22.09.2025 was annexed as Annexure A-1 from pages 10-12 and the Notice dated 31.10.2025 and Gazette Notification 22.09.2025 have been marked as Annexure A-2 Series from pages 13-17.

51. The deponent has submitted that NSCN (K) has been indulging in various unlawful activities with a view to disrupt the sovereignty and territorial integrity of India and creating a deep sense of insecurity among the people by resorting to ethnic clashes between different racial groups and communities so as to disturb public tranquillity besides causing subversive activities like killing and kidnapping innocent people for extracting ransom, targeting security forces, Police etc. NSCN (K) has been carrying out secessionist activities and waging war against the Government of India by stepping up its acts of terrorist violence including attacks on the security forces, law abiding civilians, kidnapping, extortion and destruction of public properties.

52. The deponent has further submitted that during the period from the year 2021 to 2025, the NSCN (K) was involved in as many as 89 cases in the districts of Tirap, Changlang and Longding. A total of 79 persons have been arrested in this connection by the security forces and police. 28 cases with respect to extortions have been registered and 05 cases of kidnapping/abduction. Nevertheless, many cases of extortion and abduction by the Under Grounds have come to light but not reported. Moreover, 15 number of pistols, 06 magazines, 01 No. Lathod gun, Chinese grenade 01, Detonators – 07, MQ- rifle- 13, IED 1.67 kg, Ak rifle- 01, MQ 16- 01, HK rifle -05, Chinese rifle-01, SKS rifle-01 and ammunitions – 709 Nos. have been recovered/seized from their possession.

53. It was further deposed that that the organization has been active since 1995 in Tirap, Changlang and Longding districts of Arunachal Pradesh. They continue to dominate major parts in Tirap, Changlang and Longding districts. The NSCN (K) has been questioning the Constitution of India and is openly operating in the areas of Tirap, Changlang and Longding districts in Arunachal Pradesh for the last two decades. The Under Ground organization is indulging in violence, extortion, kidnapping/abduction, murder, illegal tax collection, recruitment of youths to join the outfits under duress, smuggling of arms, ammunition and drug trafficking and other illegal activities prejudicial to the public order in the state. Their anti-national and illegal activities in the state have not ceased, rather they have been expanding their area of operation and their activities continue unabated.

54. The deponent has submitted that the NSCN (K) is determined to achieve its objectives in the following

manner:- i. Amalgamation of Tirap, Changlang and Longding districts into the “Sovereign Greater Nagaland”. ii. Conversion of people to Christianity in order to have a homogenous society for common cause.[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 11 iii. To bring all the sub-tribes under one banner “Tangsang- Naga”. This is indicative of a deeper conspiracy to create homogenous demographic structure.

55. The deponent has further averred that the activities of NSCN (K) include: i. Extortion from public leaders, government employees, contractors, entrepreneurs, public members, kidnapping/ abduction for ransom, killing, tax collection, attack/ambush on Security Forces etc.

ii. Imposition of annual tax/service tax/village tax. iii. Forceful conversion of locals to Christianity. iv. Forceful recruitment of local youths into their unlawful organization. v. Inter-factional clashes with NSCN(IM) over area domination/ control.

vi. Unlawful interference in electoral process. vii. Establishment of hideouts/camps in the three districts. viii. To attack/ ambush on CAPF/Army/ local police. ix. Drug trafficking. x. Smuggling of arms and ammunition from across the international border.

56. Copy of the List of cases registered and Arms / Ammunitions recovered / seized in TCL Districts have been annexed as Annexure 3 Series from Page 18 to 23 of the evidence-on-affidavit.

Evidence-on-affidavit filed by Sri Aditya, IPS:

57. The deponent has submitted that the duty of the Superintendent of Police (SP) of Tirap District is to maintain law and order in the district and to monitor investigation of cases and in particular, those undertaken by terrorist and unlawful organization. The Investigating Officers report such cases to the SP. The SP regularly sends reports of such incidents to Special Branch, Police Headquarter, Itanagar Arunachal Pradesh. The deponent has averred that in the District of Tirap, members of NSCN (K) are very active and they are indulging in large scale unlawful and violent activities undermining the authority of the Government and spreading terror among the people. They are found involved in killing of innocent civilians, kidnapping of Government employees, extortion from common people and thereby causing immense impediment in leading a normal life. Due to such criminal activities, large numbers of cases have been registered against them under different police stations of Tirap District and quite a number of NSCN (K) cadres have been arrested from time to time. The deponent has further averred that from the year 2021 to 2025, a total of 11 cases have been registered in the District of Tirap which involves the cadres of NSCN (K).

58. The List of cases registered in Tirap District against NSCN (K) from 2021 to 2025 are enumerated

hereunder: i. Lazu PS C/No. 08/2021 dated 26/07/2021 U/s 384/120B/121/121A/122/34 IPC r/w Sec. 10/13 UA(P) Act 1967/25(1A)(1B)(A) Arms Act 1959/Sec 5 of Explosive Substances Act 1908/Sec 17 (B) NDPS Act and Sec 14 Foreigner Act 1946. (Annexure A1 to A10 Page 24 to 53).

ii. DML PS C/No. 10/2021 U/s 307/121/120 B/384/506/34 IPC r/w Sec 10/13 UA(P) Act 1967 Sec 25 (1B) (A)/27 Arms Act 1959/Sec 5 of Explosive Substances Act 1908. (Annexure B1 to B6 Page 54 to 71). iii. Dadam PS Case No. 03/2021 dated 07/10/2021 U/s 384 IPC r/w Sec 10/13 UA(P) Act.

(Annexure C1 to C7 Page 72 to 86). iv. Borduria PS C/No. 04/2022 dated 16.07.2022 U/S 384 IPC R/W Sec 10/13 UA (P) Act. (Annexure D1 to D9 Page 87 to 127). v. Khonsa PS C/No.02/2023 dated 27.03.2023 U/S 223/224/392/302/34 IPC R/W 25 (1A)(B)/27 Arms Act/Sec 10/13 UA(P) Act. (Annexure E1 to E10 Page 128 to 171).

vi. BDR PS Case No. 05/2023 dated 09/08/2023 U/S 384 IPC R/W Sec 10/13 UA (P) Act. (Annexure F1 to F9 Page 172 to 190). vii. Borduria PS Case No 06/2023 dated 10.08.2023 U/S- 307/121/120b/34 IPC R/W Sec 10/13 UA

(P) Act Sec 25(1b)(a)/27 Arms Act. (Annexure G1 to G7 Page 191 to 246). viii. DML PS C/No. 09/2023 dated 14.09.2023 U/S 384/506 IPC R/W Sec 10/13 UA (P) Act. (Annexure H1 to H9 Page 147 to 287).12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] ix. DML PS C/No. 01/2024 dated 14.01.2024 U/S- 384/506/507 IPC R/W Sec 10/13 UA (P) Act.

(Annexure I-1 to I-5 Page 288 to 310) x. Lazu PS C/No.01/2025 U/S 111(2)(b)/111(4)/111 (6)/308(5) BNS R/W Sec 10(a)/10(b)(ii)/13(1)(a) UA(P) Act/ Sec 25(1-B)(a) Arms Act/ Sec 4(b)/5 Explosive Substances Act. (Annexure J1 to J9 Page 311 to 338) xi. Lazu PS C/No.02/2025 U/S 111(2)(b)/111(4)/308(5) BNS R/W Sec 13(1) UA(P) Act dated

28.06.2025. (Annexure K1 to K9 Page 339 to 361) Evidence-on-affidavit filed by Sri Kirli Padu, APPS:

59. The deponent has averred that from the year 2021 to 2025, a total of 25 cases have been registered in the District of Changlang and in 18 such cases, charge sheet/Final Report has been submitted and these cases involve the cadres of NSCN (K) killing innocent civilians, kidnapping of Government Employees, extortion from the common people and in relation to the same quite a number of NSCN Cadres have been arrested from time to time.

60. The List of cases registered in Changlang District against NSCN (K) from the year 2021 to 2025 are

enumerated hereunder: i. Changlang PS case No.13/21 U/S 384/34 IPC R/W Sec 10/13 UA(P) Act. (Annexure A1 to D1 Page 54 to 66 Paper Book Pt-I). ii. NPG PS C/NO. 05/21 U/S 10/13 UA(P) ACT. (Annexure A2 to G2 Page 67 to 88 Paper Book Pt- I).

iii. Changlang PS Case No. 19/21 U/S 384/365/307/121/34 IPC R/W Sec 25(1A)/27(2) of Arms Act 1959, R/W Sec 4(b) of explosive Substance Act 1908 & Sec 10/13 UA(P) Act. (Annexure - A3 to H3 Page 89 to 131 Paper Book Pt-I).

iv. Jairampur PS Case No.03/21 U/S 384/511 IPC R/W Sec 10/13 UA(P) Act. (Annexure - A4 to F4 Page 132 to 154 Paper Book Pt-I). v. Manmao PS case No. 01/2021 U/S 10/13 UA(P) Act. (Annexure - A5 to G5 Page 155 to 202 Paper Book Pt-I).

vi. Jairampur PS Case No.06/21 U/S 384 IPC R/W Sec 10/13 UA(P) Act. (Annexure - A6 to E6 Page 203 to 234 Paper Book Pt-I). vii. Miao PS case No. 19/2021 U/S 10(A) UA (P) Act, 1967 R/W Sec 25 (1-B) (A) Arms Act 1959 R/W Sec 04 (A) Explosive Substance Act 1908. (Annexure - A7 to G7 Page 235 to 255 Paper Book Pt- I).

viii. NPG PS C/No. 02/2022 U/S 10/13 UA(P) Act 1967. (Annexure - A8 to H8 Page 256 to 286 Paper Book Pt-I). ix. Manmao PS C/NO. 03/22 U/S 384 IPC R/W Sec 10/13 UA(P) Act . (Annexure - A9 to F9 Page 287 to 331 Paper Book Pt-I).

x. JRP PS C/NO. 04/22 U/S 10/13 UA(P) Act R/W Sec 14 (A) Foreigner Act. (Annexure - A-10 to I- 10 Page 332 to 412 Paper Book Pt-I) xi. NPG PS C/NO. 07/22 U/S 10/13 OF UA(P) Act R/W SEC 14(A) Of Foreigner Act. (Annexure - A11 to E11 Page 413 to 429 Paper Book Pt-II).

xii. Jairampur PS Case No. 10/22 U/S- 10/13 UA (P) Act R/W Sec 25(1-A) Arms Act, 5 of Explosive Substance Act, Sec 51 Wild Life Protection Act & Sec 14(A) Foreigner Act. (Annexure - A-12 to I-12 Page 430 to 510 Paper Book Pt-II).

xiii. Nampong PS C/No. 02/23 U/S 10/13 UA(p) Act, R/W Sec 25(1-A)/25(1-B)(a) Arms Act. (Annexure - A13 to G13 Page 511 to 535 Paper Book Pt-II). xiv. CLG/PS/C/NO. 07/2023 U/S 384/34 IPC R/W SEC. 10/13 OF UA(P) Act. (Annexure - A14 to E14 Page 536 to 546 Paper Book Pt-II).

xv. NPG PS C/No. 06/2023 U/S 384/34 IPC R/W Sec 10/13 UA(P) Act. (Annexure - A15 to E15 Page 547 to 561 Paper Book Pt-II). xvi. NPG PS C/No. 07/2023 U/S 384/34 IPC R/W Sec 10/13 UA(P) Act. (Annexure - A16 to E16 Page 562 to 576 Paper Book Pt-II).[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 13 xvii. NPG/PS/C No. 02/2024, U/S- 10/13 UA (P) Act, R/W sec- 21(b) NDPS Act, sec- 25(1-A) Arms Act and sec- 14 of the Foreigner Act 1948. (Annexure - A17 to F17 Page 577 to 587 Paper Book Pt-II).

xviii. Diyun PS case No.04/2024, U/S- 113 (4) BNS. (Annexure - A18 to F18 Page 588 to 608 Paper Book Pt- II). xix. CLG/PS/C/NO. 18/2024 U/S 308(2)/3(5) of BNS’ 2023 R/W Sec. 10/13 of UA (P) Act. (Annexure - A19 to D19 Page 609 to 632 Paper Book Pt-II).

xx. MIAO/PS/CASE NO. 18/24, U/S- 25(1-a) of Arms Act. (Annexure - A20 to B20 Page 633 to 636 Paper Book Pt-II). xxi. CLG PS C/No. -22/2024, U/S- 308(2) BNS, R/W sec-10/13 UA (P) Act. (Annexure - A21 to G21 Page 637 to 664 Paper Book Pt-II).

xxii. NPG/PS C/NO. 03/2025 U/S- 308/3 (5) of BNS R/W Sec-10/13 UA(P) Act and Sec-25 (1-A) Arms Act. (Annexure - A22 to C22 Page 665 to 670 Paper Book Pt-II). xxiii. CLG/PS/C/NO. 06/2025 u/s 10/13 UA(P) Act’ 1967. (Annexure - A23 to H23 Page 671 to 691 Paper Book Pt-II).

xxiv. Kharsang PS Case No.06/2025 U/S. 10/13 UAP Act & 25 (1-B) (A) Arms Act. (Annexure - A24 to C24 Page 692 to 700 Paper Book Pt-II). xxv. CLG/PS/C/No. 14/2025 u/s 25(1A) Arms act R/w Sec. 10 UA(P) Act and Sec. 14 Foreigners Act (Annexure - A25 to D25 Page 701 to 711 Paper Book Pt-II).

Evidence-on-affidavit filed by Sri Dekio Gumja, APPS:

61. The deponent has submitted that in the District of Longding, members of NSCN (K) are very active and they are indulging in large scale unlawful and violent activities undermining the authority of the Government and spreading terror among the people. They are found involved in killing of innocent civilians, kidnapping of Government employees, extortion from common people etc. Due to such criminal activities, large numbers of cases have been registered against them under different police stations of Longding District and quite a number of NSCN (K) cadres have been arrested from time to time.

62. The deponent has averred that from the year 2021 to 2025, a total of 53 cases have been registered in the district of Longding, and in 23 such cases, charge sheet/Final Report has been submitted and these cases involve the cadres of NSCN (K) killing innocent civilians, kidnapping of Government Employees, extortion from the common people.

63. The List of cases registered in Longding District against NSCN (K) from the year 2021 to 2025 are

enumerated hereunder: i. Longding 17/2021 U/S-384/34 IPC R/W Sec 13(2) UA(P) Act. (Annexure – A1 Series to Annx-7 Page 68 to 119 Paper Book Pt-I). ii. Longding PS Case No. 19/2021 U/S-364A/323/506/34 IPC R/W Sec 10/13 UA(P) Act (Annexure – 8 to Annx-13 Page 120 to 166 Paper Book Pt-I).

iii. Longding PS Case No. 36/2021 U/S-13 (1) (a) UA(P) Act. (Annexure – 14 to Annx-22 Page 167 to 203 Paper Book Pt-I). iv. Longding PS Case No. 46/2021 U/S 13 (1) (a) UAP Act. (Annexure – 23 to Annx-29 Page 204 to 231 Paper Book Pt-I).

v. Longding PS Case No. 53/2021 U/S 25 (1B) Arms Act R/W Sec 13 (1) (b) UAP Act. (Annexure – 30 to Annx-38 Page 232 to 262 Paper Book Pt-I). vi. Pongchau PS Case No. 04/2021 U/S-384/34 IPC R/W Sec 10/13 UA(P) Act. (Annexure – 39 to Annx-43 Page 263 to 293 Paper Book Pt-I).

vii. Wakka PS C/No. 03/2021 U/S-384 IPC R/W Sec 13(2) of UA(P) Act. (Annexure – 44 to Annx-49 Page 294 to 309 Paper Book Pt-I). viii. Wakka PS/C/No- 04/2021 U/S- 384 IPC R/W Sec 10/13 UAP Act/ Sec 25/27 Arms Act and Sec 14(A) Of Foreigner Act. (Annexure – 50 to Annx-54 Page 310 to 323 Paper Book Pt-I).

ix. Wakka PS C/No. 08/2021 U/S-448/506/34 IPC R/W 10/13 UA(P) Act (Annexure – 55 to Annx-58 Page 324 to 360 Paper Book Pt-I). x. Wakka PS C/No. 09/2021 U/S-384 IPC R/W 10/13 UA(P) Act (Annexure – 59 to Annx-64 Page14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 361 to 403 Paper Book Pt-I).

xi. WAKKA PS Case No. 10/2021 U/S-384 IPC R/W 10/13 UA(P) ACT/ SEC 25/27 ARMS ACT/ 17 of NDPS Act (Annexure – 64 to Annx-67 Page 404 to 413 Paper Book Pt-I). xii. Wakka PS C/NO-12/2021 U/S-17 NDPS ACT R/W SEC 10/13 UA(P) ACT AND 14 OF FOREINGNER ACT (Annexure – 68 to Annx-72 Page 414 to 438 Paper Book Pt-I).

xiii. Wakka PS C/No. 14/2021 U/S -307 /511/34 IPC R/W Sec 25 (1A)/27 Arms Act/ Sec 10/13 UAP Act (Annexure – 73 to Annx-77 Page 439 to 467 Paper Book Pt-II). xiv. Kanubari PS Case No. 01/2021 U/S -384 IPC R/W Sec 10/13 UA(P) Act Sec 25 (1B) Arms Act (Annexure – 78 to Annx-86 Page 468 to 511 Paper Book Pt-II).

xv. Longding PS C/NO. 05/2022 U/S 10/13 UAP ACT R/W Sec 14 of Foreigner Act (Annexure – 87 to Annx-94 Page 512 to 551 Paper Book Pt-II). xvi. Longding PS C/NO. 06/2022 U/S 384/511 IPC (Annexure – 95 to Annx-100 Page 552 to 567 Paper Book Pt-II).

xvii. Pongchau PS C/No. 03/2022 U/S 384 IPC (Annexure – 101 to Annx-104 Page 568 to 588 Paper Book Pt-II). xviii. LDG/PS/CASE NO- 09/2022 U/S- 384/511/506/307 IPC R/W SEC 10/13 UA(P) Act. (Annexure – 105 to Annx-112 Page 589 to 612 Paper Book Pt-II).

xix. Kanubari PS/Case No. 07/2022 U/S 364 (A)/365/368/506/34 IPC R/W Sec. 25(1A) Arms Act/ Sec.

10/13 UA(P) Act (Annexure – 113 to Annx-119 Page 613 to 642 Paper Book Pt-II). xx. Longding PS C/No.13/2022 U/S 365 IPC R/W Sec 10/13 UA(P) Act (Annexure – 120 to Annx-122 Page 643 to 666 Paper Book Pt-II).

xxi. Longding/PS/Case No.17/2022 U/S 364(A)/384/34 IPC, R/W SEC. 10/13 UA(P) Act (Annexure – 123 to Annx-125 Page 667 to 684 Paper Book Pt-II). xxii. Longding PS/C/NO-18/2022. U/S 10/13 UA(P) Act (Annexure – 126 to Annx-129 Page 685 to 697 Paper Book Pt-II).

xxiii. Longding/PS/C. No.20/2022 U/S 384/506 IPC R/W Sec 10/13 UA(P) Act (Annexure – 130 to Annx-136 Page 698 to 745 Paper Book Pt-II). xxiv. Longding/PS/C. NO. 21/2022 U/S 13(i)(a) UA(P) Act (Annexure – 137 to Annx-142 Page 746 to 776 Paper Book Pt-II).

xxv. Pongchau PS Case No. 08/22 U/S 384/34 IPC R/W Sec 10/13 UA(P) Act/18 of NDPS Act/ Sec 25

(1A) Arms Act & Sec 14 of Foreigner (Annexure – 143 to Annx-147 Page 777 to 812 Paper Book Pt-II). xxvi. Longding PS/Case/No-30/2022 U/S- 384 IPC R/W Sec. 17(B) NDPS Act / Sec. 10/13 UA(P) Act (Annexure – 148 to Annx-156 Page 813 to 851 Paper Book Pt-II).

xxvii. Longding PS Case No. 38/2022 U/S- 384 IPC, R/W Sec 10/13 UA(P) Act (Annexure – 157 to Annx-163 Page 852 to 891 Paper Book Pt-III). xxviii. Longding PS/CASE/NO-43/2022 U/S. 302/34 IPC R/W Sec. 25(1A)27(2) Arms Act/Sec 10/13 UA(P) Act (Annexure – 164 to Annx-170 Page 892 to 1045 Paper Book Pt-III).

xxix. Longding PS Case No. 44/2022 US 10/13 UA(P) Act (Annexure – 171 to Annx-175 Page 1046 to 1072 Paper Book Pt-III). xxx. Wakka PS Case No. 04/2022 U/S 384 IPC R/W Sec 25(1A)/27(2) Arms Act/ Sec 10/13 UA(P) Act (Annexure – 176 to Annx-180 Page 1073 to 1089 Paper Book Pt-III).

xxxi. Kanubari PS Case No. 01/2023 U/S-384/34 IPC R/W Sec. 13 UA(P) Act (Annexure – 181 to Annx-182 Page 1090 to 1146 Paper Book Pt-III). xxxii. Wakka PS C/NO, 01/2023 U/S 384 IPC R/W 10/13 UA(P) Act, Sec 25 (1A)/ 27 Arms Act / Sec 17 NDPS Act (Annexure – 183 to Annx-190 Page 1147 to 1182 Paper Book Pt-III).

xxxiii. Longding PS Case No. 10/2023 U/S- 10/13 UAP Act (Annexure – 191 to Annx-195 Page 1183 to 1202 Paper Book Pt-III). xxxiv. Wakka PS Case No. 02/2023 U/S-384/34 IPC, R/W Sec 14 of Foreigner Act and 17 NDPS Act[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 15 (Annexure – 196 to Annx-199 Page 1203 to 1212 Paper Book Pt-III).

xxxv. Longding PS case No. 13/2023 U/S 10/13 UA(P) Act (Annexure – 200 to Annx-205 Page 1213 to 1242 Paper Book Pt-III). xxxvi. Wakka PS case No. 06/2023, U/S-384/506 IPC R/W Sec- 10/13 UA(P) Act (Annexure – 206 to Annx-211 Page 1243 to 1270 Paper Book Pt-III).

xxxvii. Pongchau PS case No. 10/2023 US- 364A/34 IPC, R/W Sec 27(2) Arms Act & Sec 10/13 UA(P) Act (Annexure – 212 to Annx-215 Page 1271 to 1304 Paper Book Pt-IV). xxxviii. Longding PS case No. 41/2023 U/S- 384/506 IPC R/W Sec. 10/13 UA(P) Act (Annexure – 216 to Annx-221 Page 1305 to 1361 Paper Book Pt-IV).

xxxix. Wakka PS case No. 07/23, U/S-363/364-A/365/384/506/34 IPC R/W Sec-27(2) Arms Act & Sec- 10/13 UA(P) Act (Annexure – 222 to Annx-224 Page 1362 to 1373 Paper Book Pt-IV). xl. Wakka PS case No. 03/2024 U/S-384 IPC R/W Sec 10/13 UA(P) Act (Annexure – 225 to Annx- 228 Page 1374 to 1378 Paper Book Pt-IV).

xli. Longding Ps case No. 20/2024 U/S 447/364A/506/34 IPC R/W Sec 10/13 UAP Act/ Sec 25/27 Arms Act (Annexure – 229 Page 1379 to 1383 Paper Book Pt-IV). xlii. Longding PS case No. 36/2024 U/S 10/13 UAP Act (Annexure – 230 to Annx-234 Page 1384 to 1406 Paper Book Pt-IV).

xliii. Wakka PS case No. 05/2024 U/S 137(2)/308(2)/351(3)/3(5) BNS R/W Sec 10/13 UAP Act/ Sec 25(1A) Arms Act (Annexure – 235 to Annx-238 Page 1407 to 1421 Paper Book Pt-IV). xliv. Longding PS case No. 44/2024 U/S-111/308(3)/62/3(5) BNS R/W Sec. 10/13 UAP Act (Annexure – 239 to Annx-244 Page 1422 to 1462 Paper Book Pt-IV).

xlv. Pongchau PS case No. 11/2024 U/S-61(2) BNS, R/W Sec-10/13(2) UA(P) Act (Annexure – 245 to Annx-249 Page 1463 to 1485 Paper Book Pt-IV). xlvi. Wakka PS case No. 06/2024 U/S 109/34 BNS R/W Sec 4 of Explosives Substances Act/ Sec 25

(1A) of Arms Act & Sec 10/13 UA(P) Act (Annexure – 250 to Annx-256 Page 1486 to 1513 Paper Book Pt-IV). xlvii. Kanubari PS case No. 10/2024 U/S 10/13 UA(P) Act R/W Sec. 25(1B) Arms Act (Annexure – 257 to Annx-259 Page 1514 to 1530 Paper Book Pt-IV).

xlviii. Longding PS case No. 14/2025 U/S-308(2)/62 BNS R/W Sec. 25(1A)/27 Arms Act & Sec, 10/13 UAP Act (Annexure – 260 to Annx-271 Page 1531 to 1591 Paper Book Pt-IV). xlix. Pongchau PS case No. 04/2025 U/S- 109 BNS, R/W Sec 10/13 UA(P) Act & Sec 27 OF Arms Act (Annexure – 272 to Annx-274 Page 1592 to 1599 Paper Book Pt-IV).

l. Longding PS case No. 19/2025 U/S-17(B)/21(A) NDPS Act R/W Sec. 25(1-A) Arms Act & Sec.

10(A)(I)/13(2) UA(P) Act (Annexure – 275 to Annx-278 Page 1600 to 1616 Paper Book Pt-IV). li. Wakka PS case No.01/2025 U/S-61 (1)/113 (2) (b)/147/152/308 (2) BNS R/W Sec. 10/13 UA(P) Act. / Sec. 17 NDPS Act. & Sec. 14 of Foreigner Act (Annexure – 279 to Annx-283 Page 1617 to 1647 Paper Book Pt-IV).

lii. Kanubari PS case No. 02/2025 U/S- 10/13 UA(P) Act (Annexure – 284 to Annx-288 Page 1648 to 1653 Paper Book Pt-IV). liii. Longding PS case No. 40/2025 U/S-308(2)/3(5) BNS R/W Sec-10(a)/13 UA(P) Act & Sec-14 Foreigners Act (Annexure – 289 to Annx-291 Page 1654 to 1658 Paper Book Pt-IV).

64. As such, the State of Arunachal Pradesh has submitted before this Tribunal that NSCN (K) along with all its factions, wings and front organization should be declared as an ‘unlawful association’ under the UA(P) Act, 1967 as issued by the Government of India vide Notification No. S.O.4241 (E) dated 22nd September, 2025.

The State of Arunachal Pradesh has submitted that for the last five years, viz. from 2021 to 2025, the NSCN

(K) has been indulging in various unlawful activities, secessionist activities, attacks upon the security forces, law abiding civilians, kidnapping, extortion and destruction of public properties. Their antinational and illegal activities in the State have not ceased, rather they has been expanding their area of operation and their activities are continuing unabated.

65. The State of Arunachal Pradesh has further submitted that NSCN (K) is moreover maintaining connection with other North Eastern insurgent groups including ULFA and have established transit camps in16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] collaboration with ULFA. The aim of the NSCN (K) is asserting itself as a group with the armed struggle for establishing of sovereign ‘Nagalim’. Hence, there are sufficient cause for declaring the NSCN (K) along with all its wings, factions and front organizations as ‘unlawful association’ within the meaning of the expression defined under Sub-section (1) of Section 3 of the UA(P) Act, 1967 and also for passing an order by this Tribunal confirming the declaration under section 3(1) of the said Act.

66. It may be mentioned that on the request of the State of Arunachal Pradesh, the particulars of the informants/victims/witnesses of the aforementioned cases have not been disclosed.

STATE OF MANIPUR

67. The State of Manipur filed evidence-on-affidavit of Sheikh Muhammad Hussain Ahmed, MPS, SDPO, Nungba, Tamenglong district, Manipur. The deponent has submitted that Manipur has been facing insurgency problems involving many organizations including the NSCN (K) and they operate against the interest of the State and its people and their activities greatly affect the law and order situation in the State.

NSCN (K) is one of the most notorious amongst these organizations. It engages in activities which are prejudicial to the integrity, harmony and security of the State. It operates with the objective to secede Nagaland from the Union of India and to form an independent Sovereign Naga State called the ‘Nagalim’ by unifying all the Naga inhabited areas in the North East of India including the State of Manipur and Northern Burma. To achieve their objective, they often resort to violence or threat of violence against the State and its people. Because of their connection with foreign backed terrorism, their threat to the security of the country and the state of Manipur, both internally and externally, increases manifold.

68. It has been further submitted that NSCN (K) is highly operative in the hill districts of the State of Manipur.

Taking advantage of the fact that the people living in the hill areas may not be well informed due to limited access to information, the NSCN (K) has been creating a negative influence on their minds. These people, more particularly the youth, are easily persuaded by the leaders of this group to become members of their organization. The Organisation often succeeds in securing the sympathy and support of the local population by offering false promises and propaganda. It targets unemployed or poverty stricken youths or drug addicts for recruitment into their cadres, often by misguiding them.

69. It has been submitted that there is one F.I.R, viz. F.I.R No. 2(3)2022 KPM-PS involving the NSCN (K) which is currently registered in the state of Manipur. The case has been filed under section 20 of UA(P) Act, 1967 and has been registered on 24.03.2022 in Khoupum sub-division of Noney district. It is submitted that the organization works towards secession from the Union of India by establishing their own independent State with Naga inhabitants. Even though it claims to represent the issues of the Christian minority, its cadres have been involved in various illegal activities such as extortion, kidnapping, criminal intimation, attacks on security personnel, often resulting in loss of lives of innocent citizens of the country and public property.

Because of their activities, they have been the subject of investigation by agencies such as National Investigation Agency and State Police. It was further submitted that more often than not, NSCN (K) also opposes policies of the Central Government or State Government if they fail to align with their goals and this affects the smooth functioning of the State administration.

STATE OF NAGALAND

70. The State of Nagaland filed evidence-on-affidavit of Dr. Mhalo Ezung, SP (Crime) Police Head Quarter, Government of Nagaland. The deponent has submitted that upon information sought from the Superintendent of Police (Crime), Nagaland, Kohima, it has been reported that no criminal case has been registered against NSCN (K) in any district of Nagaland during the last five (5) years.

71. Having discussed in detail the activities of NSCN (K), it is now imperative to delve into the determination whether the said activities of NSCN (K) would make it an ‘unlawful association’ within the meaning of

Section 2(1)(p) of the UA(P) Act, 1967. ‘Association’ and ‘Unlawful Association’ as defined by UA(P) Act, 1967

72. ‘Association’, as per Section 2(1)(a) of the UA(P) Act, 1967, means ‘any combination or body of individuals’. As per Section 2(1)(o) of the UA(P) Act, 1967, ‘unlawful activity’, in relation to an individual or association, means any action taken by such individual or association [whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise], i. which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession;

ii. which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 17 India; or iii. which causes or is intended to cause disaffection against India.

73. ‘Unlawful Association’ has been defined in Section 2(1)(p) of the UA(P) Act, 1967 and it means any association, i. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or ii. which has for its object any activity which is punishable under Section 153A or Section 153B of the Indian Penal Code [45 of 1860], or which encourages or aids person to undertake any such activity, or of which the members undertake any such activity; provided that nothing contained in sub-clause [ii] shall apply to the State of Jammu and Kashmir.

74. Germane to the moot issue in discussion is the observation by the Hon’ble Supreme Court of India in Jamaat-E-Islami Hind vs. Union of India, reported in (1995) 1 SCC 428, wherein the Hon’ble Supreme Court was pleased to opine that an ‘unlawful activity’, defined in the UA(P) Act, 1967, means ‘any action taken’ of the kinds specified therein and having the consequence mentioned. It has been further observed to the effect that the definitions of ‘unlawful activity’ and ‘unlawful association’, as

provided in the UA(P) Act, 1967, make it evident that the determination of the question whether any association is, or has become, an unlawful association to justify a declaration under Section 3(1) thereof should be that ‘any action taken’, by such association constitutes an ‘unlawful activity’ which is the object of the association or the object is any activity punishable under Section 153A or Section 153B of the Indian Penal Code, 1860 (Now BNS, 2023).

75. The foregoing paragraph makes it vividly discernible that declaration of an association to be ‘unlawful’ primarily hinges on the fact whether ‘any action taken’ thereof by the association constitutes an ‘unlawful activity’ within the meaning of law. A declaration as regards an association under Section 3(1) as ‘unlawful association’ has to be based on an objective determination of the matter by the Central Government.

76. Furthermore, section 4 of the UA(P) Act, 1967 requires confirmation of the act of the Central Government by the Tribunal. The necessity and purpose underlying the making of the reference to the Tribunal under Section 4(1) is an adjudication by the Tribunal of the existence of sufficient cause for making the declaration.

77. The said ‘sufficient cause’ can only be elucidated by an inquiry and the nature of inquiry contemplated by the Tribunal under Section 4(3) requires it to weigh the materials on which the notification under

Section 3(1) has been issued by the Central Government; the cause shown by the association which has been declared as an unlawful association in reply to the notice issued to it; to take into consideration such further information which it may call for and to decide the existence of sufficient cause for declaring the association to be unlawful.

78. In Arup Bhuyan v. State of Assam & Anr. reported in (2023) 8 SCC 745, the Hon’ble Supreme Court opined that; “At this stage it is required to be noted that a particular association is declared unlawful only after the Central Government is satisfied that such association is indulging to unlawful activity and the same is against sovereignty and integrity of India.

‘Unlawful activity’ is defined under Section 2(o) and ‘unlawful association’ is defined under

Section 2(p). Thus, thereafter a person who is the member of such unlawful association cannot be permitted to say that still he may continue to be associated with and/or continue to be a member of such unlawful association despite such an association is declared unlawful on the ground of its unlawful activities which is found to be against the interests of the sovereignty and integrity of India. At the cost of repetition, it is observed that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities. Therefore, as such Section 10(a)(i) which provides that where an association is declared unlawful by a notification issued under Section 3 which has become effective under sub-section 3 of that Section, a person who is and continues to be a member of such association shall be punishable with imprisonment for a term which may extend to 2 years and shall also be liable to fine, can be said to be absolutely in consonance with Article 19(1)(2) & (4) of the Constitution of India and can be said to be in furtherance of the object and purpose for which the UAPA has been enacted.18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

79. As such, this Tribunal has to undertake an objective inquiry to unravel whether NSCN (K) is an unlawful association or not. It is imperative that the documents exhibited by the Union of India and respective States are subjected to the test of objectivity so that the activities of the NSCN (K) satisfy the rigours of the definition of ‘unlawful activity’ under section 2(1)(o) of the UA(P) Act, 1967 in order to ascertain whether it is an ‘unlawful association’ under section 2(1)(p) of the said Act.

80. In Hitendra Vishnu Thakur & Ors. v. State of Maharastra & Ors. reported in AIR 1994 SC 2623, the Hon’ble Apex Court articulated the term ‘Terrorism’ as one of the manifestations of increased lawlessness and cult of violence. Its main objective is to overawe the Government or disturb harmony of the society or ‘terrorise’ people and the society and not only those directly assaulted, with a view to disturb even tempo, peace and tranquillity of the society and create a sense of fear and insecurity.

History has shown that ‘terrorism’ is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon.

81. A thorough analysis of the evidence on record discussed hereinabove in the present reference, suffices it to hold that there exists an abnormal phenomenon in the districts which are stronghold of NSCN (K).

From the evidence on record, it is vividly discernible that there is no decline in the violent activities of NSCN (K) and it has continued with its secessionist activities and has been advocating extortions, killing of security personnel and innocent people, thereby creating unrest.

82. The violent activities of NSCN (K) are being committed with the expressed intention to destabilize and to wage war against India, create human and financial loss, create fear in the minds of the citizens and to intimidate the law enforcement agencies from executing their duties. These activities are part of a larger conspiracy orchestrated by NSCN (K) to further its subversive and anti-national agenda.

83. The State of Arunachal Pradesh has submitted that the activities of NSCN (K) are rampant in the districts of Tirap, Changlang and Longding and NSCN (K) is determined to achieve its objectives in

the following manners:- i.Amalgamation of Tirap, Changlang and Longding districts into the “Sovereign Greater Nagaland”. ii.Conversion of people to Christianity in order to have a homogenous society for common cause.

iii. To bring all the sub-tribes under one banner “Tangsang-Naga”. This is indicative of a deeper conspiracy to create homogenous demographic structure.

84. The State of Arunachal Pradesh has further averred that the activities of NSCN (K) include: i. Extortion from public leaders, government employees, contractors, entrepreneurs, public members, kidnapping/ abduction for ransom, killing, tax collection, attack/ambush on Security Forces etc.

ii. Imposition of annual tax/service tax/village tax. iii. Forceful conversion of locals to Christianity. iv. Forceful recruitment of local youths into their unlawful organization. v. Inter-factional clashes with NSCN(IM) over area domination/ control.

vi. Unlawful interference in electoral process. vii. Establishment of hideouts/camps in the three districts. viii. To attack/ ambush on CAPF/Army/ local police. ix. Drug trafficking. x. Smuggling of arms and ammunition from across the international border.

85. It is seen from the evidence on record that many F.I.Rs have been registered in the districts of Tirap, Changlang and Longding against NSCN (K). The Copies of the F.I.Rs and Complaints, Seizure lists, statements of complainants, witnesses, accused persons, expert opinion like FSL report, medico-legal opinion reports, joint interrogation report, case dairies and other relevant documents have been annexed. These documents provide credence to the fact that NSCN (K) has been indulging in various unlawful activities with a view to disrupt the sovereignty and territorial integrity of India and creating a deep sense of insecurity among the people by resorting to ethnic clashes between different racial groups and communities so as to disturb public tranquility besides causing subversive activities like killing and kidnapping of innocent people.

There have been as many as 89 cases registered against NSCN (K) in the last 5 (Five) years. 53 F.I.Rs have been lodged in Longding, 25 F.I.Rs have been lodged in Changlang and 11 F.I.Rs have been lodged in Tirap district.[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 19

86. A thorough perusal of the F.I.Rs along with the documents annexed therewith make it vividly discernible that the NSCN (K) has been indulging in violence, extortion, kidnapping/abduction, murder, illegal tax collection, recruitment of youths to join the outfits under duress, smuggling of arms, ammunition and drug trafficking and other illegal activities prejudicial to the public order in the state. Their anti-national and illegal activities in the state have not ceased, rather they have been expanding their area of operation and their activities continue unabated.

87. The State of Manipur has submitted that the main illegal activities carried out by the NSCN (K) are attack and ambush on security forces and taking of arms and ammunitions by force. It carries out these attacks by using bombs/explosives and opening fire in public, causing loss of lives of both innocent citizens and security personnel and mass damage to personal and public properties. It indulges in cross border procurement of arms and ammunitions. In order to ensure a source of income for the sustenance of the organization and its cadres, they often resort to armed robbery and extortion and demand of ransoms by kidnapping affluent sections of the society.

88. It was further submitted that NSCN (K), at all times, often creates havoc in the National Highways where they obstruct the smooth passage of vehicles and people. They intimidate and terrorise the people passing through the National Highways and they extort money from them in the name of tax. This often hampers the trade activities in the State and results in higher pricing of goods which the poor people of the State bear the brunt of. NSCN (K) also recruits youth and trains them to use weapons including assault weapons like AK-

47. Therefore, it becomes absolutely necessary for the State to take serious actions against these groups to prevent them from mindlessly using these deadly weapons. It also indulges in many such activities which incite animosity, hostility, communalism and hatred among different sections of the people.

89. The State of Manipur has further submitted that the criminal and illegal activities carried out by NSCN (K) needs to be curbed at the earliest which is necessary in order to maintain peace and order in the State and to keep the State and the entire country safe and secured. Despite the efforts put in by the State as well as the Union of India, it continues to perpetrate terrorist activities without any hesitation.

90. The Central Government has submitted that NSCN (K) along with its factions, wings and front organizations should be declared as 'unlawful association’ under the UA(P) Act, 1967 for a further period of five years w.e.f 28th September, 2025 for the following reasons- i. Its aim to create a sovereign Nagaland incorporating the Naga inhabited areas of Indo-Myanmar region by secession from the Indian Union;

ii. Aligning itself with other unlawful associations like the ULFA(I), PREPAK and PLA; iii. Indulging in kidnapping for ransom and extortion of money from businessmen, Government officials and other civilians;

iv. Possession of illegal arms and ammunitions; v. Obtaining assistance from anti-India forces in other countries to procure arms and other assistance.

91. Submissions of the Union of India and States of Arunachal Pradesh, Manipur and Nagaland is for continuation of the organization’s status as unlawful association w.e.f 28.09.2025, that is, beyond the tenure of the previous Notification under Section 3(1) of the UA(P) Act, 1967. Upon perusal of such materials, the Tribunal concurs with the view recorded therein.

92. It is seen that NSCN (K) has been continuously pursuing its secessionist goals and in pursuit of that goal, has incited violence causing loss of life and damage to property. Its agenda is inimical to the democratic ideals and unity and integrity of this country. NSCN (K) has involved itself in carrying out subversive acts in order to achieve its avowed objectives which are admittedly unlawful. The activities of NSCN (K) are detrimental to the sovereignty and integrity of India and if these are not immediately curbed and controlled, the NSCN

(K) may further regroup and rearm itself, expand its cadres, procure sophisticated weapons, cause loss of lives of civilians and security forces and thereby accelerate its anti-national activities.

93. In the case of Jamaat-E-Islami Hind (supra), the Hon’ble Apex Court, had explicitly opined that the terms ‘adjudication’ and ‘sufficient cause’ as used in section 4(1) of the UA(P) Act, 1967 contemplate an inquisitorial inquiry by the Tribunal into the materials on which the notification under section 3(1) stands issued by the Central Government; the cause (if any) shown by the Association in response to the notice and other materials and evidence brought on record.

94. It necessarily entails that the procedure laid under the Act contemplates an objective determination of the question as to whether or not there is sufficient cause for declaring the concerned organizations unlawful and not just a mechanical approval of the notification of the Central Government.20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

95. The analysis of unrebutted evidence shows that the aims, objectives and the activities of NSCN (K) constitute ‘unlawful activity’, as defined in sub-section (o) of section 2 of the Act, and are intended to cause a threat to the sovereignty of the country by creating a sovereign Nagaland incorporating the Naga inhabited areas of Indo-Myanmar region by secession from the Indian Union. The activities of the NSCN (K) are, therefore, a direct threat to the sovereignty and integrity of India and it is imperative that the unlawful activities be banned in order to prevent NSCN (K) from continuing its disruptive and anti-national activities.

96. The Union of India the States of Arunachal Pradesh and Manipur had adduced evidence on the subversive acts of terror by NSCN (K) in support of the grounds on the basis of which the NSCN (K) along with all its factions, wings and front organizations was declared as unlawful association. The evidence prima facie discloses that there were many incidents of subversive activities carried out by the cadres of NSCN (K).

There are no reported cases against NSCN (K) in the State of Nagaland.

97. This Tribunal is of the considered opinion that the activities of NSCN (K), as discussed in detail in the preceding paragraphs, certainly fall within the ambit of ‘unlawful activity’ defined in section 2(1)(o) of UA(P) Act, 1967. As a necessary corollary, NSCN (K) is certainly within the yardstick of the definition of ‘unlawful association’ as defined in section 2(1)(p) of UA(P) Act, 1967. As such, the evidences led by Union of India and State of Arunachal Pradesh and Manipur, being uncontroverted, stood proved.

98. In the absence of any materials against the declaration, the Tribunal, on an objective assessment of the materials placed before the Tribunal on behalf of the Central Government and the Government of Arunachal Pradesh, Manipur and Nagaland in support of the declaration, has reached a conclusion that the NSCN (K), during the period under consideration, has been engaging itself in activities which are unlawful activities and which undermine the unity and integrity of the nation and the safety and security of the citizens.

99. Hence, in view of the evidences adduced, the Tribunal will have to concur with the opinion of the Central Government that the activities of NSCN (K) are detrimental to the sovereignty and integrity of India and if there is no immediate curb and control of the activities of NSCN (K); it will take the opportunity to, i. Further regroup and rearm itself;

ii. Expand its cadres; iii. Procure sophisticated weapons; and iv. Cause loss of lives of civilians and security forces and thereby accelerate its anti-national activities.

100. As such, this Tribunal, after scrutiny of the materials placed before it and after complying with the principles of natural justice to ensure a fair procedure, has come to a conclusion that NSCN (K) is an ‘unlawful association’ within the meaning of section 2(1)(p) of UA(P) Act, 1967. The activities of NSCN (K) are detrimental to the sovereignty and integrity of India and are aimed to achieve its object to secede from India and moreover, the nature of activities carried out by the said organisation, its cadres and factions leave no room for doubt that the NSCN (K) is waging war against the Government of India. After a thorough analysis of the evidence on record and after hearing at length the learned Special Counsel for the Union of India and learned counsels for the respective States, it has unravelled that;

i. The cadres of the NSCN (K) have been furthering its aim to create a sovereign Nagaland incorporating the Naga inhabited areas of Indo-Myanmar region by secession from the Indian Union; ii. NSCN (K) has been aligning itself with other unlawful associations like the ULFA(I), PREPAK and PLA;

iii. NSCN (K) is indulging in kidnapping for ransom and extortion of money from businessmen, Government officials and other civilians; iv. NSCN (K) has been in possession of illegal arms and ammunitions;

v. NSCN (K) is obtaining assistance from anti-India forces in other countries to procure arms and other assistance.

101. In view of the above discussion and for the reasons assigned therein, the Tribunal has answered the reference forwarded to it under sub-section (1) of Section 4 of the UA(P) Act, 1967 vide letter bearing no.

11011/02/2025-NE.V dated 17.10.2025, in affirmative, with the confirmation that there is sufficient cause to declare NSCN (K) along with all its factions, wings and front organisations, as ‘unlawful association’ for a period of 5 (Five) years w.e.f 28.09.2025. The same is confirmed by this Tribunal under sub-section (3) of

Section 4 of the UA(P) Act, 1967.

102. This Order of this Tribunal is to be published in the Official Gazette in terms of sub-section (4) of Section 4 of the UA(P) Act, 1967.

JUSTICE NELSON SAILO PRESIDING OFFICER UNLAWFUL ACTIVITIES [PREVENTION] TRIBUNAL IN THE MATTER OF NSCN (K) OF NAGALAND Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.