The Special Judge under National Investigating Agency (NIA) Act observed that FIR against Jamat-e-Islami Kishtwar under the provisions of Unlawful Activities Act and freezing of Bank Accounts on the orders of District Magistrate Kishtwar is without application of mind.
In a significant order dated 30.09.2021 passed by 3rd Additional Sessions Judge Jammu (Special Judge U/S 22 NIA Act) in an application seeking released of Bank Account of Abdul Majid Sheikh, Head of Jamat-e-Islami Kishtwar, the Learned Special Judge observed that vide Notification No. S.O 1096(E) dated 28.02.2019 issued by Ministry of Home Affairs New Delhi, Jamat-e-Islami of Jammu Kashmir was declared as unlawful association in view of provisions of Section 3 of UA(P) Act and in pursuance of said Notification the District Magistrate Kishtwar vide his Order No. 148/DMK/2019 dated 01.03.2019 has also banned the activities of Jamat-e-Islami of district Kishtwar and has also directed to seize and seal all moveable/immovable properties, bank accounts and educational institutions of Jamat-e-Islami and to stop the activities of the Jamat e Islami.
On the direction of District Magistrate Kishtwar FIR No. 27/2019 U/S 3 (3), 10 (a) UA(P) Act was registered at Police Station Kishtwar against Abdul Majid Sheikh, Head of Jamat in district Kishtwar, Master Ghulam Qadir Bhat Secretary Jamat district Kishtwar and Dr. Mohammad Iqbal Malik ex Ameer Jamat and others.
Sources told The Kashmirityat that after hearing the arguments of the Learned Counsel Mr. Faheem Shokat Butt, the Learned Judge held that at the time of registration of FIR and seizure of property there is no confirmation U/S 4 of the UA(P) Act by the Tribunal constituted under the Act, as such the Notification declaring the organization unlawful association has no effect or relevance but it seems that the District Magistrate Kishtwar in a hurriedly manner has immediately on the very next date i.e. 01.03.2019 directing the police authorities to seize and seal all moveable/immovable properties, bank accounts and educational institutions of the Jamat-e-Islami and the FIR No. 27/2019 was also registered with Police Station Kishtwar.
It is further observed that the association of Jamat-e-Islami was declared as unlawful only as per the notification dated 28.02.2019, whereas the case was registered on the very next day i.e. 01.03.2019, therefore, there was no scope of continuous of any activity of association Jamat-e-Islami which was allegedly declared as unlawful, they said.
Therefore the seizure/freezer of the account was not in accordance with law. A significant observation was also given by the Learned Judge that “I have no hesitation to record here that the District Magistrate Kishtwar has not applied his mind properly before passing directions either for registration of FIR in the present case or subsequently for freezing the bank account of the applicant. He has passed the order to freeze the bank account in a very haste and imprudent manner”.
With these observations the application for releasing the bank account is allowed and direction was given for its immediate compliance, they told The Kashmiriyat.