|Early Times Report|
Srinagar, Mar 25: The State High Court on Monday issued a notice to Ministry of Home Affairs, Union of India through its secretary, on a petition challenging the ban on Jamaat-e-Islami, Jammu and Kashmir.
A bench of Justice Tashi Rastan issued to the notice to MHA and sought its response within two weeks. The notice was waived off by the Assistant Solicitor General of India.
The petitioner, Mehraj Azeem (61), has challenged as "illegal and arbitrary order" the ban on the socio-religious and political organization. The petitioner said has called into question declaring JeI "unlawful association" with immediate effect without specifying the grounds as is mandated under Section 3(2) of Unlawful Activities (Prevention) Act, 1967;
"…(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central government may consider necessary.."
"Grounds are not opinions or subsidiary evidence, they should comprise of facts which substantiate the notification, it should include particulars with regards to the dates of the offences, details of the FIR's registered by the police or the details of the pending prosecution. Grounds as it has been marked in the case of Vakil Singh V/S State of J&K, 1974; "must contain the pith and substance of primary facts but not subsidiary facts or evidential details," the petitioner said.
The decision to declare an association "unlawful" cannot be merely effected by the production of the notification that the grounds have to be spelt out, he said. "Free speech and right to form unions/associations is intrinsic to a democratic polity," he said, and challenged the impugned notification on February 28 and provisions of the Act under grounds available to him under law. "it is therefore prayed that It is accordingly prayed that, this court may pass any writ, order or direction, directing stay on the immediate ban imposed on Jamaat-e-Islami, J&K by virtue of S.O 1069(E), dated 28.02.2019 till final disposal of the writ petition," the petitioner said.