Delhi HC tribunal confirms ban on J&K’s Jamaat-e-Islami

A Delhi High Court tribunal has validated the ban imposed on Jamaat-e-Islami, Jammu & Kashmir, for its alleged involvement in activities which are prejudicial to internal security and public order, having the potential to disrupt the unity and integrity of the country.

A few members of the group, which was banned for five more years in February, had contested the recently concluded Assembly elections in Jammu and Kashmir. This led to speculation that the ban imposed on Jamaat-e-Islami (JeI), Jammu & Kashmir, under the Unlawful Activities (Prevention) Act, (UAPA) 1967 might be withdrawn by the government.

While declaring the group outlawed, the home ministry had listed 47 cases registered against it. They included an NIA case for collection of funds and encouragement to violent and secessionist activities. The home ministry had said the Jel is in close touch with militant outfits and is continuously supporting extremism and militancy in J&K and elsewhere.

Asad Ullah Mir, one of the alleged members of the JeI J&K, appeared before the tribunal through his counsel and submitted that it is a socio-religious organisation with a written constitution. It is committed to peaceful constitutional means and does not have any links with militant outfits nor it supports extremism in any form, he claimed.

However, the tribunal, consisting of Justice Navin Chawla, Judge, High Court of Delhi, concluded that the tribunal finds that there is ample justification to declare JeI J&K as an unlawful association under Section 3(1) of the UAPA and the Central government was justified in taking recourse to the provision of Section 3(3) of the UAPA vide notification dated February 27.