Srinagar (Jammu and Kashmir): The recent extension of the ban on Jamaat-e-Islami (JeI) Jammu and Kashmir by the Ministry of Home Affairs in India has brought the socio-Islamic political party back into the spotlight. Designated as an "unlawful association" under the Unlawful Activities (Prevention) Act (UAPA) 1967, the organization faces accusations of engaging in activities deemed prejudicial to national security and territorial integrity.
The Centre's decision, based on a list of 47 registered cases against JeI J&K, includes a National Investigation Agency (NIA) case against the organization's alleged collection of funds intended for promoting “violent and secessionist activities”. The NIA chargesheet claims that these funds were used by operatives of militant groups like Hizbul Mujahideen and Lashkar-e-Toiba, escalating public unrest and communal tension.
The government claims that JeI J&K maintains close ties with militant groups, actively supporting extremism and militancy not only in Jammu and Kashmir but also in other parts of India. This move follows a previous ban in February 2019, where the organization was prohibited for a five-year period under the UAPA. The notification at that time suggested that JeI was in close touch with militant organizations, anticipating an "escalation of subversive activities," including attempts to carve out an Islamic State from Indian territory.
Prior to the initial ban, the organization faced a crackdown, with 300 members, including leaders, arrested under preventive detention laws, and raids conducted to curb alleged unlawful activities. Jamaat leaders, mystified by the crackdown, claimed their work was "in the open."
The tribunal constituted by the Home Ministry upheld the ban, examining numerous documents and witness depositions. The judge agreed that the organization had been indulging in unlawful activities threatening the sovereignty and territorial integrity of India. An affidavit submitted by the Inspector General of Police stated that JeI J&K began following directions from Jamaat-e-Islami Pakistan, patronized Hizbul Mujahideen, and was intrinsically linked with the United Jihad Council, a Pakistan-based umbrella organization of militant outfits.
While mainstream politicians remain tight-lipped on the development, JeI leaders have seemingly gone into oblivion and have refrained from making any public statements. The socio-Islamic political party, based in Srinagar is distinct from Jamaat-e-Islami Hind. It holds a stated position on the Kashmir conflict, asserting that the region is disputed, and the issue must be resolved through UN intervention or tripartite talks involving India, Pakistan, and representatives of Kashmir.
JeI faced its first ban in 1990, when it, along with various Kashmiri groups, shifted from advocating peaceful struggle to supporting an armed revolt against the Indian government. This change was prompted by the fear of losing popularity to JKLF if not involved in armed resistance. The ban paved the way for the Falah-e-Aam Trust, founded in 1988, to oversee JeI schools. Prior to this, in 1989, Hizbul Mujahideen (HM) became the JeI's "militant wing," and by 1990, an HM chief commander declared the outfit as the 'sword of the Jamaat.'
JeI traces its origins to the late nineteenth century when Kashmir was under Dogra rule. Its founders emerged from middle-class families linked to Sufism, disenchanted with both the secular politics of the National Conference and the Muslim nationalism espoused by the Muslim Conference. Opting for a commitment to Islam as articulated in Maulana Maududi's writings, they sought an alternative path.
Sa'aduddin Tarabali, hailing from a family associated with the Sufi mystic Ahmad Sahib Tarabali in Srinagar, became the first 'ameer' of JeI. Operating in the political hub of Shopian, he influenced numerous Kashmiri men, including Maulana Ghulam Ahmad Ahrar, a member of the Islamic reformist group Majlis-i-Ahrar. Ahrar, with his own Sufi connections, joined Tarabali as one of JeI's early members. Another notable figure was Hakim Ghulam Nabi of Pulwama, stemming from a family of Peers and among the earliest members of JeI.
Their discontent stemmed from perceiving contemporary religious practices in Kashmir as un-Islamic and expressing dissatisfaction with secular Kashmiri leaders like Sheikh Abdullah. Although Abdullah could captivate audiences with Quran recitations, these individuals observed a failure to adhere to Quranic teachings in his actions.
The organization's expansion in the 1950s faced opposition, yet it found increased support due to discontent with the National Conference's rule and the perceived failure to uphold promises to the Kashmiri people. The Jamaat appealed to lower-middle-class youth disillusioned with popular Sufism, advocating both modern and religious education.
Despite facing opposition, the Jamaat aimed to influence Kashmiri opinion through education and political participation, receiving funds from donations and members' fees. By the 1970s, it became a powerful organization with a membership presence all over the state.
In the 1971 general elections, the JeI actively participated with the anticipation of securing seats. However, the election resulted in disappointment as the organization failed to win any seats amidst widespread allegations of rigging. Following this setback, the Central Advisory Committee of JeI made the strategic decision to contest the 1972 elections to the State Assembly.
The primary objective behind this electoral participation was to challenge the prevalent notion that politics and religion should be kept separate. Despite the initial intention to contest all State Assembly seats, financial constraints forced JeI to compete in only 22 constituencies. The expected success did not materialize, largely due to allegations of massive rigging, resulting in JeI securing only five seats. The aftermath saw JeI members reporting instances of harassment.
Despite the electoral challenges, JeI perceived its participation in a positive light, considering it an avenue to convey its message to a broader audience. Successful JeI candidates actively engaged in the State Assembly, opposing proposed un-Islamic laws, advocating for Islamic alternatives, and raising the crucial issue of Jammu and Kashmir's disputed status. They argued that India had failed to fulfill its promise of conducting a plebiscite in Kashmir, as pledged.
In 1975, JeI strongly opposed the Indira-Sheikh Accord, viewing it as a “blatant violation of UN Resolutions on the Kashmir issue”. However, their electoral performance in the 1977 elections saw limited success, securing only one seat. Despite the challenges, JeI continued its commitment to participating in the democratic process, aiming to influence the political landscape and highlight its stance on issues critical to the region, including the disputed status of Jammu and Kashmir.
In the 1980s, the Jamaat faced challenges, including massive anti-Jamaat agitations in 1979 and allegations of its involvement in General Zia ul Haq's rise to power. The organization contested the 1983 State Assembly election but faced defeat due to alleged rigging. The last time it participated in elections was in 1987 as part of the Muslim United Front (MUF), advocating the establishment of Islamic rule. The elections were again deemed rigged.
Syed Ali Geelani, associated with the Jamaat, entered electoral politics but faced defeat amid allegations of ballot rigging. Despite winning seats in the 1972 and 1977 legislative assembly elections, Geelani resigned in 1989 due to alleged widespread rigging in the 1987 election.
