Jamaat-e-Islami Hind’s constitution is unconstitutional, Kerala govt says

published on January 29, 2014

KOCHI: The constitution of the Islamic organization, Jamaat-e-Islami Hind (JEIH), shows disregard to the Indian Constitution and encourages its followers to think against the national interest, state government has submitted in the Kerala high court.

The submission was in the form of an affidavit in response to a public interest litigation filed by Abdul Samad. The PIL had sought a proper and fair investigation into the functions, financial sources, and ideologies of JEIH in the state. It had also demanded the seizure of JEIH publications containing antinational ideologies and banning them.

The affidavit filed by Mary Joseph, under secretary of home department, said, “on verification of the constitution of JEIH in Malayalam published in 1957, it is seen that JEIH directs its followers to relinquish any key posts which he/she holds under an ungodly governmental system or the membership of its legislature or a judicial officer under its judicial system (Article 8). Similarly, Article 9 of their constitution states that ‘in case of being part of any ungodly governmental system or being instrumental in giving effect to its laws, should readily part with that means of sustenance’. The said Article further states that ‘do not go to un-Islamic law courts for settlement of matters, except under compelling necessity’.”

Government’s affidavit further stated: “These statements show disregard and contempt for the democratic system existing in the country and disregard for the Constitution of the country and the laws emanating from it. By including these antinational tenets in their constitution, JEIH strictly directs its followers to reject any employment under the constitutional institutions in India, which ultimately encourage their followers to think against the national interest.”

Additionally, the government informed the court that JEIH’s activities are being continuously and closely monitored. “No antinational activities have been so far noticed in the enquiries made and if it is found that the activities of the respondent organization (JEIH) are antinational, steps will be taken to ban the organization in association with the Union government,” the government submitted.

The court was also told that legal actions are in progress to ban 14 books published by JEIH’s publishing arm, Islamic Publishing House.

Read More : http://articles.timesofindia.indiatimes.com/2014-01-29/kochi/46781618_1_kerala-govt-national-interest-jamaat-e-islami-hind