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REGD. No. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 4026] NEW DELHI, WEDNESDAY, OCTOBER 9, 2024/ASVINA 17, 1946
CG-DL-E-10102024-257795
6527 GI/2024 (1)
[F. No. 14017/52/2024/NI-MFO]
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 9th October, 2024
S.O. 4387(E).—Whereas, the Central Government in exercise of the powers conferred by sub-section (1) of
section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) (hereinafter referred to as the said Act),
declared the Jamaat-e-Islami, Jammu and Kashmir (JeI) as an unlawful association vide notification of the
Government of India in the Ministry of Home Affairs, number S.O. 924(E), dated 27th February, 2024 (hereinafter
referred to as the said notification) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii),
dated 27th February, 2024;
And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 5
read with sub-section (1) of section 4 of the said Act constituted the Unlawful Activities (Prevention) Tribunal
(hereinafter referred to as the said Tribunal) consisting of Justice Navin Chawla, Judge, High Court of Delhi vide
notification of the Government of India in the Ministry of Home Affairs, number S.O. 1327(E), dated 13th March,
2024 published in the Gazette of India , Extraordinary, Part II, Section 3, Sub-section (ii), dated 13th March, 2024;
And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 4 of
the said Act referred the said notification to the said Tribunal on 26th March, 2024 for the purpose of adjudicating
whether or not there was sufficient cause for declaring the Jamaat-e-Islami, Jammu and Kashmir (JeI) as an unlawful
association;
And, whereas, the said Tribunal in exercise of the powers conferred by sub-section (3) of section 4 of the said
Act, passed an order on 23rd August, 2024, confirming the declaration made in the said notification;
Now, therefore, in pursuance of sub-section (4) of section 4 of the said Act, the Central Government hereby
publishes the order of the said Tribunal, namely :-
“UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL
NEW DELHI
Date of Decision: 23rd August, 2024
IN THE MATTER OF:
Gazette Notification No. S.O. 924(E) dated 27th February, 2024 issued by the Central Government under Section 3(1)
& 3(3) of the Unlawful Activities (Prevention) Act, 1967 declaring the Jamaat-e-Islami (JeI), Jammu and Kashmir as
an ‘Unlawful Association’
AND IN THE MATTER OF:
Reference under Section 5(1) read with Section 4(1) of the Unlawful Activities (Prevention) Act, 1967 vide
Notification No. S.O. 1327(E) dated 13th March, 2024 constituting this Unlawful Activities (Prevention) Tribunal.
AND IN THE MATTER OF:
UNION OF INDIA
Through: Ms.Aishwarya Bhati, ASG with Mr.Amit Prasad, Mr.Rajat Nair,
Ms.Poornima Singh, Mr.Sabrish Subramanian, Ms.Manisha
Chava, Mr.Abhijeet Singh, Advs.
Mr.Parth Awasthi and Ms.Deepika Gupta, Advs for UT of J&K
Mr.Manoj Singh, Asst. Director, Mr.Brijesh Kumar Sharma,
Under Secretary and Mr.Sameer Shukla, ASO for MHA.
versus
JAMAAT-E-ISLAMI, JAMMU AND KASHMIR (JeI)
Through: Mr.Jawahar Raja, Mr.Archit Krishna, Ms.Aditi Saraswat and
Ms.Puhimi Aditya, Advs.
CORAM:
HON’BLE MR. JUSTICE NAVIN CHAWLA
ORDER
1. The Central Government has made Reference to this Tribunal under Section 4(1) of the Unlawful Activities
(Prevention) Act, 1967 (Act No. 37 of 1967) (hereinafter referred to as the ‘Act’) for the purpose of adjudicating
whether or not there is sufficient cause for declaring Jamaat-e-Islami, Jammu and Kashmir (in short, ‘JeI-J&K’) as an
Unlawful Association. This Order shall answer the said Reference.
I. THE NOTIFICATION
2. The Central Government, in exercise of powers conferred by Section 3(1) & 3(3) of the Act, vide
Notification No. S.O. 924(E) dated 27th February, 2024, declared the ‘JeI-J&K’ as an ‘Unlawful Association’ and
directed that the said Notification shall, subject to any order that may be made under Section 4 of the said Act, have
effect for a period of five years from the date of its publication in the Official Gazette. In the said Notification, the
Central Government has noted that the JeI-J&K has been indulging in activities, which are prejudicial to the internal
security and public order and have the potential of disrupting the unity and integrity of the country. The Central
Government referring to various cases registered by National Investigation Agency (NIA) and the Jammu and
Kashmir Police, states that these activities lay the ground for forming an opinion that JeI-J&K is indulging in the
activities which are prejudicial to the integrity and security of the country. The Central Government further forms the
opinion that:-
(i) JeI-J&K is in close touch with militant outfits and is supporting extremism and militancy in Jammu
and Kashmir and elsewhere;
(ii) JeI-J&K is supporting claims for secession of a part of the Indian territory from the Union and
supporting terrorist and separatist groups fighting for this purpose by indulging in activities and
articulations intended to disrupt the territorial integrity of India;
(iii) JeI-J&K is involved in anti-national and subversive activities in the country intended to cause
disaffection.
3. The Central Government has further opined that if the unlawful activities of JeI-J&K are not curbed and
controlled immediately, it will take the opportunity to:-
a) Escalate its subversive activities including attempt to carve out an Islamic State out of the territory
of Union of India by destabilizing the Government established by law;
b) Continue advocating the secession of the State of Jammu and Kashmir (now Union Territory of
Jammu & Kashmir, by virtue of Jammu and Kashmir Reorganisation Act of 2019, but hereinafter it
shall be referred to as ‘State of J&K’) from the Union of India while disputing the accession of the
State with the Union;
c) Propagate anti-national and separatist sentiments prejudicial to the integrity and security of the
country; and,
d) Escalate secessionist movement, support militancy, and incite violence in the country.
4. In the light of the aforementioned reasons, the Central Government formed the opinion that it is necessary to
declare JeI-J&K as an Unlawful Association with immediate effect.
5. Thereafter, in exercise of the powers conferred by Section 5(1) of the Act, vide Notification No. S.O. 1327(E)
dated 13th March, 2024, the Central Government has constituted this Unlawful Activities (Prevention) Tribunal (in
short, ‘Tribunal’) for the purpose of adjudicating whether or not there is sufficient cause for declaring JeI-J&K as an
Unlawful Association. By the letter constituting the Tribunal, attention was also invited to the Proviso to Rule 5 of the
Unlawful Activities (Prevention) Rules, 1968 (hereinafter referred to as the ‘Rules’), which provides that nothing in
this sub-section shall require the Central Government to disclose any fact which is considered to be against the public
interest to disclose.
6. The Reference made to this Tribunal under Section 4(1) of the Act, was received by this Tribunal on
21st March, 2024.
II. THE BACKGROUND NOTE
7. Along with the aforesaid Notification, the Central Government has furnished to the Tribunal a Background
Note on JeI-J&K and its activities, stating the background, objectives, activities, and criminal cases registered against
JeI-J&K activists by the Jammu & Kashmir Police and NIA, as also the justification for declaring JeI-J&K as an
Unlawful Association.
8. The historical background and the activities of JeI-J&K, as stated in the Background Note, are as under:
(i) The JeI-J&K came into existence in 1941 with one Moulana Abul Alla Madoodi spear-heading it
with its headquarters at Lahore. After the partition, Jamat-e-Islaami Hind separated from this body
and established its headquarters at Rampur (UP). In the State of Jammu and Kashmir (J&K), a
branch of Jamat-e-Islaami Hind was established in 1945 and Pir Saad-ud-Din was its Amir. The aims
and objectives of the party at the time of its inception were to propagate Islamic teachings and
creation of an Islamic State with life based on Shariat. However, after the accession of the State with
India, JeI-J&K started to follow the instructions and directions imparted by JeI of Pakistan and
began to question the accession of the State with Union of India.
(ii) JeI-J&K has a Constitution of its own known as “Dastoor-e-Jammu-wa-Kashmir Jamat-e-Islami”
which discusses the aims and objectives of establishment of an Islamic rule based on dictums of holy
Quran and Shariat-i-Nizam-e-Mustafa. It also discusses the conduct and procedure for enrolment of
the members, governing body, and disciplinary actions, etc.
(iii) The Association is patronizing Hizb-ul-Mujahedeen (the militant wing of JeI) which was constituted
in the last quarter of 1989. With the aforesaid political ideology, this militant outfit has been
indulging in acts of armed violence for secessionist movement in the valley, with Pakistan/PoK
support in terms of arms training, supply of arms and ammunition and guidance.
(iv) JeI leaders have all along been challenging the accession of State of Jammu and Kashmir with Union
of India and issuing press reports, addressing public gatherings in their resolve to have the voice
raised for solution of the so-called Kashmir problem.
(v) JeI-J&K was banned for two years by the Government of India vide SRO No. 146 dated 16th April,
1990 under Jammu & Kashmir Criminal Law Amendment Act, 1983 and the ban was confirmed in
1991 by the
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