Why JeM is not banned?

By Neena Vyas

NEW DELHI, OCT. 10. The Union Home Ministry has suggested to the Jammu and Kashmir Government that it ban the terrorist outfit, Jaish-e-Mohammed, but the State has suggested that the Centre should take the step. The JeM ball is being tossed between the Centre and the State even as India made it clear that it would like to see the organisation on the American blacklist.

The Centre is limited by the fact that if it were to ban the JeM under the Unlawful Activities (Prevention) Act, it would automatically lead to the matter being brought before a tribunal. Since no proof is available about its involvement in specific terrorist activities (proof that would stand legal scrutiny by a tribunal) the Centre is reluctant to go ahead with the ban. Also, the JeM has no offices or lists of known members. It is an underground organisation, so the Government will be unable to raid and seal offices and follow up on a ban, highly-placed Home Ministry sources said.

On the other hand, the Jammu and Kashmir Government could use the Disturbed Areas Act, under which security agencies could recommend such a ban on the JeM. This would not come under the purview of any tribunal.

It was also pointed out that the Government was keen that the U.S pressure Pakistan to ban the organisation as it was based in Pakistan, its known leaders were there, and they functioned from known addresses and offices. If it was banned in Pakistan (under the watchful eyes of the USA), where it functions openly, and if its accounts were to be frozen as a result, that would be a big gain.

A senior BJP leader indicated that the U.S had asked Pakistan to arrest the JeM leaders and ban the outfit. But Pakistan had pleaded that it would like to take a few steps at a time otherwise it could head for a civil war. It had already arrested several leaders of the Harkat-ul Mujahideen (HuM) and the Jamait- e-Ulema Islam (JUI) and it pleaded for some more time before it took action against the JeM.

It was the Jaish-e-Mohammed which was reported to be behind the ``fidayeen'' attack on the Srinagar assembly on October 1, and after that India had conveyed to the U.S. that it would like to see this organisation headed by Maulana Masood Azar (freed by India in exchange for hostages of 1999 hijacking of an Indian Airlines plane from Kathmandu to Kandahar) on its list of declared and banned terrorist organisations.

When the U.S President, Mr. George Bush, talked to the Prime Minister, Mr A.B. Vajpayee, recently, he gave him an indication that the U.S. would consider putting the JeM on the terrorist list. In fact, reports have indicated that it is being placed on the U.S. ``watch list.''

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