New Delhi — The Enforcement Directorate (ED) attached a commercial property in Srinagar belonging to businessman Mubeen Shah on Tuesday, invoking the Unlawful Activities (Prevention) Act (UAPA), officials said.
Shah, a prominent trader from the Kashmir Valley, was among a group of businessmen detained on 4 August 2019, a day before the central government revoked Jammu and Kashmir’s special status under Article 370. He was later released by a court after spending several months in custody, according to court records.
The ED’s action follows a fresh investigation into alleged financial links between Shah’s enterprises and activities deemed “unlawful” under the anti‑terror law. The agency has not disclosed the specific grounds for invoking UAPA, citing the ongoing nature of the probe.
Legal experts note that UAPA provisions allow authorities to attach property if it is believed to be “consecrated” to unlawful activities, a standard that has attracted criticism for its broad interpretation. “The law permits attachment without a criminal conviction, which raises concerns about due process,” said a senior advocate who declined to be named.
Shah’s legal counsel, representing him in the Supreme Court, argued that the attachment is “unwarranted” and that the businessman has no proven involvement in any banned organization. The counsel filed a petition seeking reversal of the attachment, emphasizing Shah’s previous release on bail and lack of any formal charge sheet under UAPA.
The property, a commercial building located in the Badami Bazar area of Srinagar, was reportedly valued at around ₹ 2 crore. The ED has not released a detailed valuation report.
The move comes amid heightened scrutiny of Kashmir’s business community, with several high‑profile arrests and asset seizures reported since the revocation of the state’s special status. Human rights groups have warned that the use of UAPA in economic cases could be employed to stifle dissent and target political opponents.
The court’s decision on Shah’s petition is pending.
Analysis:
The attachment of Shah’s property under UAPA underscores the expanding use of anti‑terror legislation in financial investigations, a trend observed since the 2019 constitutional changes in Jammu and Kashmir. While the ED frames the action as a preventive measure against the financing of unlawful activities, critics argue that the broad scope of UAPA can bypass standard evidentiary requirements, potentially infringing on property rights. The outcome of Shah’s legal challenge could set a precedent for how aggressively authorities may employ UAPA in commercial contexts, influencing both investors’ confidence in the region and the broader debate over civil liberties versus security imperatives.
Sources:
The Hindu, “Businessman Mubeen Shah’s property attached in Srinagar under UAPA,” https://www.thehindu.com/news/national/jammu-and-kashmir/businessman-mubeen-shahs-property-attached-in-srinagar-under-uapa/article71170140.ece
Story synopsis gathered from: The Hindu – National — source
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