SRINAGAR: In a first-of-its-kind move, the Jammu and Kashmir government has declared Darul Uloom Jamia Siraj-ul-Uloom, a seminary in south Kashmir’s Shopian district, an “unlawful entity” under the UAPA over alleged links with the banned Jamaat-e-Islami (JeI) and multiple irregularities.
The Divisional Commissioner has invoked powers conferred under Section 8(1) of the Unlawful Activities (Prevention) Act, 1967, to notify Darul Uloom Jamia Siraj-u/-Uloom, Imam Sahib, Shopian, as an unlawful entity/place under UA(P)Act 1967.
It is the first instance of Darul Uloom being banned and declared as “unlawful entity” by the administration in Jammu and Kashmir.
According to the order issued by Divisional Commissioner Kashmir Anshul Garg, Senior Superintendent of Police (SSP) Shopian, has submitted a dossier against Darul Uloom Jamia Siraj-ul-Uloom of Imam Sahib area of ShopIan.
“The records produced have been carefully examined and duly considered; and upon perusal of the material on record, it has emerged that the said institution, though ostensibly functioning as a religious educational establishment, is marred by serious legal, administrative, and financial irregularities, including questionable land acquisition, lack of mandatory registration with competent authorities, and deliberate attempts to evade statutory oversight,” stated the order.
It further stated that credible inputs and evidence on record further indicate sustained and covert linkages of the institution with Jamaat-e-Islami (a proscribed unlawful association banned by the Government of India), including continued de facto control by individuals affiliated with the said organization and their placement in key administrative and academic positions.
As per the Div Com’s order, the material available on record also reflects financial opacity, suspicious handling of institutional funds, and changes in financial control structures raising apprehensions regarding diversion and misuse of funds.
“Reports further indicate that the institution, over a period of time, has fostered an environment conducive to radicalization, with a number of its former students having been found involved in militant activities and acts prejudicial to national security, thereby suggesting misuse of the institution for purposes detrimental to the sovereignty and integrity of the nation,” it stated.
The order stated the cumulative facts and circumstances supported by intelligence inputs and field verification provide sufficient grounds to reasonably believe that the premises of the Darul Uloom are being used for the purposes of an unlawful association.
“Section 8(1) of the Unlawful Activities (Prevention) Act, 1967 empowers the Divisional Commissioner to notify any place, which is used for the purposes of an unlawful association, thereby enabling consequential action including sealing of premises and freezing of financial assets by competent authorities,” further reads the order.
According to Divisional Commissioner, a reasonable opportunity of being heard was duly afforded to the chairman of the Darul Uloom Jamia Siraj-ul-Uloom requiring to show cause as to why the Darul Uloom Jamia Siraj-ul-Uloom, Imam Sahib, Shopian should not be notified.
“The chairman of the institution has filed objections and in order to decide the matter on merits, comments were sought from SSP Shopian wherein it has been reported that the objections submitted by the Chairman are misconceived, factually untenable, and devoid of legal merit, and that the present proceedings, being preventive in character, are aimed at curbing misuse of the premises for unlawful activities and do not require proof beyond reasonable doubt as mandated in criminal trials. It has further been conveyed that the plea of innocence and non-involvement advanced by the trust is unsustainable, as the material on record suggests that the institution was aware' of such activities and failed to take adequate steps to prevent misuse of its premises, thereby rendering it liable for action under the applicable provisions of law,” the order states.
Earlier, this month, the government took over the management of 58 schools in the Valley associated with the Falah-e-Aam Trust (FAT) that is linked to banned Jamaat-e-Islami (JeI).
In August last year, the government had taken over management of 215 schools affiliated with the banned JeI across the Valley.