What Does Jamaat-e-Islami’s ‘Return’ to Electoral Politics Mean for J&K?

Some in Kashmir believe that after remaining in political wilderness for more than three decades, Jamaat’s decision could change the contours of the conflict in J&K.

Srinagar: Jamaat-e-Islami’s (JeI) decision to contest the upcoming assembly election in Jammu and Kashmir marks a significant milestone in the ideological trajectory of the socio-politico-religious outfit which has played an important role in shaping the erstwhile state’s troubled history.

A statement purportedly issued by a Srinagar-based spokesperson distanced the outfit from the individual decisions of its serving and former members, who will slug it out in the electoral arena in coming weeks as J&K goes to polls in its first assembly election in a decade.

However, political analysts believe that the expression of electoral ambitions mirrors the crisis that the outfit has been facing since 2019, when the Union government tightened the strings on separatist groups and their sympathisers, including Jamaat, ahead of J&K’s demotion into two Union territories.

Some in Kashmir also believe that after remaining in political wilderness for more than three decades, Jamaat’s decision could change the contours of the conflict in J&K.

Jamaat’s roots

JeI, which started out as a puritan and reformist movement for social and religious causes, is widely seen as the ideological fountainhead of the Hizbul Mujahideen, the largest among more than two dozen militant outfits that have been waging an armed struggle in Kashmir against New Delhi since the early 1990s.

With a three-tier organisational structure, JeI has around 3,500-4,000 basic members (Rukun) in J&K who preside over associate members (Umeedwar-e-Rukun). Only basic members are eligible for voting in the organisational elections to elect Ameer-e-Jamaat (head) and Majlis-i-Shora, the top decision making advisory council.

However, those affiliated with Jamaat or Jamaat aspirants, though part of the three-tier structure, can’t vote. Then, there are Jamaat sympathisers who take the cadre strength to an estimated 20,000. Many of them used to participate in Jamaat congregations and also vote.

The JeI is rooted in Maulana Maududi’s radical political and Islamist thought. The outfit has also called for the resolution of the Kashmir dispute in accordance with the relevant resolutions of the United Nations which has put it under the spotlight of the government agencies.

However, the outfit has historically been flexible to the idea of elections in J&K which were held under the auspices of the Indian Constitution. Though the banned outfit never ran any poll boycott campaign, it unofficially discouraged Jamaat members and their families from voting and also endorsed the boycott calls of separatist groups following the eruption of armed insurgency.

Change of tack?

Speculations about the fledgling political trajectory of the outfit started doing rounds during the recent parliamentary elections when some Jamaatis, who are part of the three-tier structure, voted at few places in Kashmir.

Then, a five-member panel, headed by Jamaat member Ghulam Qadir Lone, was formed to hold parleys with the Union government, with J&K Apni Party chief Altaf Bukhari mediating the effort.

Also read: Jammu and Kashmir Assembly Polls: The Likely Impact of the Last Five Years on the Verdict

Amid rumours that the government was planning to end the ban on Jamaat, the outfit’s prospects of participating in the upcoming elections gained momentum.

However, the ban is unlikely to be lifted soon. Sources said that the Union government was holding its horses in case JeI’s proxy candidates in the upcoming election don’t perform well. If they manage to pull off some upsets, it will hand the kind of ammunition the Bharatiya Janata Party (BJP) requires to silence its political detractors, especially in Kashmir.

A political analyst based in south Kashmir, which has been a bastion of Jamaat, said he didn’t add much significance to the “fluid” decision of the Jamaat members and its affiliates to contest the election which, he claimed, “lacked official sanction”.

“Most members of the Jamaat’s advisory council are in jail. Ideally, this decision [to contest elections] should have come from them. Those in the panel who are talking with the government are not part of the advisory council,” he said.

‘Unanimous decision’

However, there are others who argue that since JeI is a banned outfit, it can’t contest the election directly and was hence fielding its proxy candidates. This argument has prompted speculations that there could be some understanding between the Jamaat and the BJP, which has failed to make any significant electoral impact in Kashmir even after being in power at the centre for more than 10 years.

It is being speculated that the saffron party was now relying on the Jamaat and other players, such as Awami Ittehad Party led by Engineer Rashid and Bukhari, to cut regional parties to size by getting ‘sentimental’ voters to cast their ballot and disturbing the traditional voting patterns.

Sayar Reshi, the deputy director of Jamaat-run Falah-e-Aam Trust, which is involved in charity and educational work, claimed that the outfit had unanimously decided to join electoral politics and work for the welfare of the people of J&K.

“If a leaf gets detached from the tree, it wilts and dies,” Reshi, who is contesting the election from Kulgam assembly constituency, said, quoting a verse of Pakistani philosopher and poet Sir Mohammad Iqbal.

He added, “We have to be a part of the system and work for the welfare of our people”.

The JeI was a part of the system in 1969 when it fought the Panchayat elections. Its romance with Indian democracy lasted till the assembly election of 1987, whose rigging is widely believed to have sparked armed insurgency in Kashmir.

Some of Jamaat’s former members include the Hurriyat hawks Syed Ali Geelani and Ghulam Nabi Sehrai.

The outfit was banned from 1990-1996, when it espoused Hizbul as its armed outfit following which the party held internal elections and elected Ghulam Mohammad Bhat as its chief.

In 1998, Bhat distanced the outfit from the ongoing guerrilla warfare in Kashmir. From 1995- 2002, Jamaat was hounded by state-backed militia Ikhwan during which thousands of Jamaat members were killed.

Two sons of former Jamaat amir Sheikh Ghulam Hassan were killed. Another top Jamaat leader from Shopian, late Hakeem Ghulam Nabi, also lost his son in an encounter. It is a saga of personal tragedies that remains unresolved for many Jamaat members.

Ideological shift?

Jamaat got some political space when People’s Democratic Party (PDP) founder Mufti Mohammad Sayeed formed a coalition government with the Congress in 2002. Under Mufti’s rule, the outfit reopened its offices, schools, libraries and charity organisations which continued till February 2019 when it was banned again.

The outfit, however, remained affiliated with the Hurriyat till 2004 when the separatist conglomerate split into Geelani faction and the moderate faction led by Mirwaiz Umar Farooq. The Jamaat stayed out of both.

A Jamaat insider told The Wire that some young activists and members seem to be moving away from the radical Mawdudi school of Islamic thought to the reformative and liberal Ghamidi school, propounded by Mawdudi’s pupil and Pakistani scholar Javed Ahmad Ghamidi.

However, the political analyst quoted above said that the division in the ranks of the Jamaat was unlikely to alter the electoral landscape in Kashmir.

Apart from the three Jamaat candidates from Devsar, Pulwama and Kulgam, going to polls in the first phase of assembly election scheduled on September 18, there are speculations that the outfit might support the candidate from Zainapora in South Kashmir and contest the Langate constituency in North Kashmir.

Former Jamaat member Dr Talat Majid, who briefly joined the mainstream, is contesting election from Pulwama assembly constituency as an independent candidate backed by the Jamaat. Asked whether the Jamaat was going through an ideological shift, he told The Wire that the outfit was going “more through a political shift”.

“Ideologies work in time and space. We have to be accommodative and flexible. Separatism worked in Kashmir but what were the reasons? The rigging of 1987 assembly elections created a situation for separatism to thrive which prompted a mainstream leader like Abdul Gani Lone to become a separatist. Today, the geopolitical scenario has changed. The sooner we realise it, the better.” he said

Why a J&K Court Struck Down a DM’s Order Freezing Jamaat-e-Islami Leader’s Account

The Centre in 2019 banned Jamaat-e-Islami under the UAPA. But the court said that when the DM had passed the order, the tribunal appointed under section 4 of the UAPA hadn’t yet confirmed JeI as ‘unlawful’.

Srinagar: A special NIA court in Jammu and Kashmir (J&K) has struck down a 2019 order passed by the district magistrate (DM) of Kishtwar, freezing the account of a Jamaat-e-Islami (JeI) leader.

The DM had passed the order soon after the Union government banned the organisation under the Unlawful Activities Prevention Act (UAPA), charging it of “supporting extremism and militancy in J&K and elsewhere”.

The Union government had on February 28, 2019, issued a notification under section 3 of the UAPA, stating that the JeI is an “unlawful organisation” and the ban has been invoked with “immediate effect”. The “immediate effect” clause overrode the time lag involved in forming a tribunal and in adjudicating the government’s decision under section 4 of the UAPA.

Following the ban, the DM had passed orders for registration of a first information report (FIR) against JeI leaders and freezing of some of their bank accounts, including the one in the name of Abdul Majeed Sheikh, on March 1 and March 6, respectively. Sheikh was district head of JeI when the organisation was banned.

The court, while hearing a plea by Sheikh seeking to release his bank account, on September 30, directed the authorities to unfreeze it, saying that the DM had passed the orders in a lot of “haste”. The judge also said that no objectionable entry was found in Sheikh’s bank account.

It also observed that when the DM had passed the above orders, the tribunal appointed under section 4 of the UAPA hadn’t confirmed JeI as “unlawful”, and until the said confirmation, the notification issued by the Union government had no relevance.

“But it seems that district magistrate Kishtwar in a hurriedly manner immediately on the very next day i.e. on March 1, 2019 had passed the order, directing the police authorities to seize and seal all movable/immovable properties, bank accounts and educational institutions of the Jamaat-e-lslami (sic),” the judge observed.

On September 2, 2019, a tribunal headed by a Delhi high court judge under UAPA confirmed the Union government’s decision to impose a ban on the JeI (J&K), for five years for its active support to terror and secessionist activities in the country.

The DM’s order and the police FIR claim that JeI leaders have neither resigned from their portfolios in the organisation nor stopped their activities, and this constitutes an offence under the UAPA.

Advocate Faheem Shokat Butt, who appeared on Sheikh’s behalf, told The Wire that the court made the observations that the registration of the FIR and freezing of the bank account is “without proper application of mind”.

“The association was banned on February 28, 2019 and the FIR was registered on the next day i.e. March 1. In the FIR, it has been stated that despite the ban, the office bearers continued their activities. What activities would they have carried out overnight?” he asked.

Also read: In J&K, Jamaat-e-Islami Has Been Restricted for 50 Years – Along With the RSS

History of Jamaat-e-Islami

The JeI was founded by renowned theologian and ideologue Abul A’la Maududi in 1941 to promote Islamic teachings, as well as to achieve socio-structural changes in the society. After the Partition, the group split into Jamaat-e-Islami Pakistan and Jamaat-e-Islami Hind.

In 1952, following differences with parent body Jamaat-e-Islami Hind, over political ideology and the Kashmir issue, JeI (J&K) came into existence.

JeI participated in electoral politics for the first time in 1969 when it sponsored some candidates in the panchayat polls which are held on a non-party basis.

In 1972, the organisation took part in the assembly polls for the first time and won five seats. In the 1977 polls, its tally was reduced to one seat. It was an important constituent of the Muslim United Front (MUF), a conglomerate of political, religious and social groups which took on the National Conference-Congress alliance during 1987 polls.

The MUF won four seats, amid allegations of mass rigging during the polls swept by the National Conference-Congress alliance.

The rigging of elections proved to be the catalyst for the birth of militancy in J&K in 1989.

Like some other groups, the organisation stayed away from electoral politics from 1987 onwards, and was an important constituent of the Hurriyat from its inception in 1993 till 2003, when the amalgam split into two groups.

The organisation was banned twice in the past, first in 1975 by the Indira Gandhi government on recommendations of the Sheikh Abdullah-led state government. The ban was lifted in 1977.

It was again banned in 1990 under the Jammu & Kashmir Criminal Law Amendment Act, 1983.

Crackdown on Jamaat-E-Islami Cadre in Kashmir, Top Leaders Detained

Though police termed the detentions as routine, other officials called it the first major crackdown on the organisation that is part of a separatist conglomerate.

Srinagar: Moderate Hurriyat Conference chairman Mirwaiz Umar Farooq Saturday condemned JKLF chief Yasin Malik’s detention and the crackdown on the Jamaat-e-Islami Jammu and Kashmir leadership, saying force and intimidation will only worsen the situation.

Police swooped on Jamaat-e-Islami Jammu and Kashmir members in Kashmir during the intervening night of Friday and Saturday, and detained around two dozen of its cadres, including its chief Abdul Hamid Fayaz, officials said here.

Strongly condemn the nocturnal crackdown on Jamat-e-Islami leadership and cadres and the arrest of Yasin Malik. Such illegal and coercive measures against Kashmiris are futile and will not change realities on ground. Force and intimidation will only worsen the situation, Mirwaiz posted on Twitter.

Though police termed the detentions as routine, officials privy to the developments said this is the first major crackdown on the organisation that is part of the Tehreek-e-Hurriyat, a separatist conglomerate.

The Jamaat issued a statement condemning the detentions and said “…the move is a well-designed conspiracy to pave way for further uncertainty in the region.”

The Jamaat claimed that during the intervening night of February 22 and February 23, police and other agencies launched a mass arrest drive and raided many houses in the Valley, wherein dozens of its central and district level leaders were arrested, including its Ameer (chief) Jamaat Dr. Abdul Hamid Fayaz and advocate Zahid Ali (spokesperson).

The Jamaat cadres were picked up from various places, including Anantnag, Pahalgham, Dialgam, Tral — all in south Kashmir.

The Jamaat termed the raids as ‘fishy’ at a time when the Supreme court is to hear a petition regarding Article 35A of the constitution, which grants special status to J&K.

“…The way forces personnel unleashed the spree of mass arrest and detained dozens of Jamaat members prior to the hearing seems something is hatching behind the curtains. Any attempt of eroding or tampering Article 35A is unacceptable for people of Jammu and Kashmir,” it said.

Besides this, police also detained Jammu and Kashmir Liberation Front (JKLF) chief Yaseen Malik on Friday night.

Additional troops have been also rushed to J&K but no one has been able to provide reasons for such a massive deployment.

The action comes eight days after an audacious terror attack on a convoy in Pulwama district in which 40 CRPF personnel lost their lives.