Delhi High Court Tribunal Upholds Ban on Jamaat-e-Islami Jammu & Kashmir
New Delhi, October 10: The Delhi High Court tribunal has upheld the ban on Jamaat-e-Islami (JeI) Jammu & Kashmir, citing the organization’s involvement in activities deemed prejudicial to internal security and public order, posing a potential threat to the unity and integrity of India.
Despite the five-year extension of the ban in February, some members of JeI participated in the recent assembly elections in Jammu and Kashmir, sparking speculation that the ban under the Unlawful Activities (Prevention) Act (UAPA) of 1967 might be reconsidered by the government.
The Home Ministry had declared JeI an unlawful organization, citing 47 cases registered against it. These included a case by the National Investigation Agency (NIA) for raising funds to support violent and secessionist activities. According to the Ministry, these funds were channeled through a network to support terrorist groups like Hizb-ul-Mujahideen and Lashkar-e-Taiba, facilitating violent protests and promoting communal unrest across Jammu & Kashmir and India.
Another NIA case involved members of JeI, including Mohammed Shamsi, the head of the Al-Huda Educational Trust (AHET), who allegedly continued to receive funds even after the 2019 ban. The Ministry claimed JeI was in close contact with militant groups and continuously supported extremism and militancy in Jammu & Kashmir and beyond.
The government also accused JeI of promoting secessionist activities aimed at disrupting India’s territorial integrity, supporting terrorist groups, and engaging in subversive activities designed to incite disaffection within the country.
During the tribunal hearings, Asad Ullah Mir, a JeI J&K member, argued through his counsel that the group was a socio-religious organization committed to peaceful means, with no links to militancy or extremism. Established in 1953, JeI, he said, aimed to spread Islamic teachings without discrimination and had a history of participating in democratic processes, including local elections since 1969.
JeI had contested multiple elections over the years, including the Jammu and Kashmir assembly elections, with members elected in 1972, 1977, and 1987. However, Mir claimed that rigged elections in 1987 led the organization to withdraw from electoral participation, a point acknowledged by several prominent political figures, including former Deputy Prime Minister L.K. Advani and current Home Minister Amit Shah.
Despite these arguments, the tribunal, led by Justice Navin Chawla, concluded there was sufficient evidence to declare JeI J&K an unlawful association under Section 3(1) of the UAPA. The government’s actions under Section 3(3) of the UAPA were deemed justified, and the tribunal confirmed the ban through its order under Section 4(3).
The tribunal’s decision effectively solidifies the February 2024 notification declaring JeI Jammu & Kashmir an unlawful organization under the UAPA.
