J&K HC Sends Notice to MHA as Jamaat-e-Islami Ban Faces Challenge

The petitioners argued that not giving a chance to present one’s case is “violative of Constitutional safeguards.”

Jamaat-e-Islami Jammu and Kashmir chief Abdul Hameed Fayaz.

(Photo: Facebook/Abdul Hameed Fayaz)

The Jammu and Kashmir High Court, after hearing a petition challenging the ban on Jamat-e-Islami, has issued notices to the Ministry of Home Affairs and asked the ministry to send a response by 22 April, The Indian Express reported.

The petition is filed by one Mehraj Azeen, a former JeI member, on the basis “that the respondents have not followed the procedure” and that banning an organisation without giving it a chance to present its case is “violative of Constitutional safeguards.”

The petition, as quoted by The Indian Express, reads, “even if material is available, that would constitute incriminating material against a single individual, not the whole organisation as a whole.” It said that the same has to be dealt in accordance with the law and can not be used to persecute an entire political organisation having decades of existence.

The petitioner’s counsel argues that the respondents have not followed due procedure while announcing the ban. They did not state the grounds to support the declaration. They further argued that the Section 3 (4) - publication of the argument and Rule 4 (additional mode of service of notification) say that the organisation that has been banned must also be served a copy of the notification.

Syed Musaib, counsel for Azeem, was quoted by The Indian Express as also saying that the government has not even formed the single judge tribunal, as is to be done within 30 days of issuing the notification. Hence, he says that the respondents can not declare the organisation ‘unlawful’.

On 28 February, the Ministry of Home Affairs declared Jamat-e-Islami Jammu and Kashmir as an ‘unlawful’ organisation and put a ban on it under section 3 of Unlawful Activities Prevention Act (UAPA).

(With inputs from The Indian Express.)