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This is an archive article published on May 2, 2014

97 of 111 cases sink but govt pushes for SIMI ban yet again

In Delhi, the background note says 13 cases were registered until February 3, 2012.

Even as the Centre seeks the approval of the Unlawful Activities (Prevention) Tribunal for its decision to extend the ban on the Students Islamic Movement of India for the seventh time in a row, it has emerged that a majority of the cases registered against the outfit until the previous ban — used by the government to justify its proscription — ended in acquittals or the accused being discharged.

The information has come to light as a writ petition filed by two erstwhile SIMI members challenging the ban is scheduled to be heard by the Supreme Court on Friday. The petition alleges that police forces use the bogey of SIMI as an excuse to target innocent Muslim youth.
A “background note” on SIMI submitted recently to the Unlawful Activities (Prevention) Tribunal by the Centre reveals that courts have decided 111 cases related to SIMI until the ban was reimposed two years back and alleged SIMI members were acquitted or discharged in 97 cases across the country.

The data does not include cases in Madhya Pradesh and Uttar Pradesh. The largest number of acquittals — 52 in 93 cases — were in Maharashtra. The state also saw three convictions. There were 11 acquittals in 15 cases in Tamil Nadu while the government dropped charges in three cases. The last case resulted in conviction.

In Rajasthan, alleged SIMI members were acquitted in nine of 17 cases. Of the 49 cases in Gujarat, only five cases were decided and alleged SIMI members were acquitted in four. In Karnataka, seven of 25 cases were decided and all ended in acquittal. In Andhra Pradesh, five of 23 cases were decided, with the accused being discharged in two and three cases ending in acquittal.

Of the 10 cases filed against alleged SIMI members in West Bengal, three cases ended in acquittal. In Delhi, the background note says 13 cases were registered until February 3, 2012. Of these, eight are pending trial, four ended in conviction and one case was closed as “untraced”.
The background note also reveals that only 17 new cases have been registered against alleged SIMI members across the country since the government extended its ban on February 3, 2012.

These include communal tension, beating up a person from another community, damaging the car of a community leader after alleged defiling of a temple, assaulting a Buddhist monk, writing books that can allegedly cause communal disharmony, jail-break and attempted jail-break, fight between two groups of Muslims leading to a case of attempt to murder and a case of assault with a stone.

According to the Unlawful Activities (Prevention) rules,  1968, the government has to provide a copy of the notification of the ban along with “the facts on which the grounds specified in the said notification are based” when it makes a reference to the tribunal. This background note submitted by the central government, however, is more of a chronological account of earlier bans on SIMI, a status report on the cases registered against alleged SIMI members before the February 2012 ban and fresh cases that are unrelated to SIMI.

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One incident used to justify the seventh ban on SIMI is a hunger strike by law students in Pondicherry. But the note makes no mention of how the strike was linked to alleged activities of SIMI. The note alleges that SIMI is active in Andhra Pradesh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal and Delhi. It claims the “presence of SIMI activities has also been noticed in Assam, Bihar, Jharkhand and Uttarakhand”.

“Most of these fresh cases have nothing to do with SIMI,” advocate Ashok Agrwaal, who has challenged the ban on behalf of the two erstwhile SIMI members, said referring to the 17 new cases filed since February 2012. “There is a case of a fight between two groups of Muslims on some personal dispute and it has been attributed to SIMI.” He said there are no facts in the background note submitted by the government. “It is only narrative, opinion and conclusion, not fact.”

Muzamil Jaleel is a Deputy Editor at The Indian Express and is widely recognized as one of India’s most authoritative voices on Jammu & Kashmir, national security, and internal affairs. With a career spanning over 30 years, he has provided definitive on-the-ground reportage from the heart of the Kashmir conflict, bearing witness to historic political transitions and constitutional shifts. Expertise and Investigative Depth Muzamil’s work is characterized by a rare combination of ground-level immersion and high-level constitutional analysis. His expertise includes: Conflict & Geopolitics: Decades of reporting on the evolution of the Kashmir conflict, the Indo-Pak peace process, and the socio-political dynamics of the Himalayan region. Constitutional Law: Deep-dive analysis of Article 370 and Article 35A, providing clarity on the legal and demographic implications of their abrogation in 2019. Human Rights & Accountability: A relentless investigator of state and non-state actors, uncovering systemic abuses including fake encounters and the custodial death of political workers. International War Reporting: Beyond South Asia, he provided on-the-spot coverage of the final, decisive phase of the Sri Lankan Civil War in 2009. Landmark Exposés & Impact Muzamil’s reporting has repeatedly forced institutional accountability and shaped national discourse: The Kashmir Sex Scandal (2006): His investigative series exposed a high-profile exploitation nexus involving top politicians, bureaucrats, and police officers, leading to the sacking and arrest of several senior officials. Fake Encounters: His reports blew the lid off cases where innocent civilians were passed off as "foreign terrorists" by security forces for gallantry awards. SIMI Investigations: He conducted a massive deep-dive into the arrests of SIMI members, using public records to show how innocuous religious gatherings were often labeled as incriminating activities by investigative agencies. The Amarnath Land Row: Provided critical context to the 2008 agitation that polarized the region and altered its political trajectory. Over the years, Muzamil has also covered 2002 Gujarat riots, Bhuj earthquake, assembly elections in Bihar for Indian Express. He has also reported the peace process in Northern Ireland, war in Sri Lanka and national elections in Pakistan for the paper. Awards and Fellowships His "Journalism of Courage" has been honored with the industry's most prestigious accolades: Four Ramnath Goenka Awards: Recognized for J&K Reportage (2007), On-the-Spot Reporting (2009), and Reporting on Politics and Government (2012, 2017). Kurt Schork Award: From Columbia University for international journalism. Sanskriti Award: For excellence in Indian journalism and literature. IFJ Tolerance Prize: For his empathetic and nuanced reporting in South Asia. International Fellowships: Served as a visiting scholar at UC Berkeley and worked with The Guardian, The Observer, and The Times in London. He has also received Chevening fellowship and a fellowship at the Institute of Social Studies, Hague, Netherlands. Professional Presence Current Location: New Delhi (formerly Bureau Chief, Srinagar). Education: Master’s in Journalism from Kashmir University. Social Media: Follow him for field insights and rigorous analysis on X (Twitter) @MuzamilJALEEL. ... Read More

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