SIMI ban stays, judge for review of weak cases

The tribunal said there is sufficient material to show that SIMI is active and its members are indulging in unlawful activities.

The Unlawful Activities (Prevention) Tribunal led by Delhi High Court Judge Suresh Kait on Wednesday upheld the Centre’s ban on the Student Islamic Movement of India (SIMI) for five years. Citing a recent speech by Prime Minister Narendra Modi, the tribunal, however, suggested that the government may consider constitution of a special tribunal to look into cases where “mere suspicion is the basis for registration of a case and expedite (cases) to ensure only the guilty are punished and the innocent persons are released”.

The tribunal, constituted on February 27 to adjudicate on the Centre’s ban on SIMI — the seventh since September 2001, started its hearings on March 4. Its members travelled across the country, before concluding the hearings on July 27.

Confirming the Centre’s ban on SIMI, the tribunal said there is sufficient material to show that SIMI is active and its members are indulging in unlawful activities. It upheld the central government’s right to claim privilege and rely on secret material that was only made available to the tribunal. The party contesting the SIMI ban was not granted access to this material.

The tribunal also took into consideration the confessions of alleged SIMI members made before police officers or recorded while in police custody. Though such confessions are not admissible under the Evidence Act, the tribunal said it was not bound by the strict rules of evidence contained in the Evidence Act.

For the first time since the Centre banned SIMI in 2001, the tribunal upheld the locus of erstwhile members of SIMI to challenge the ban. The Centre’s position has been that only the members or office bearers of SIMI are eligible to challenge the ban, not erstwhile members. This led to a situation where the two erstwhile SIMI members challenging the ban were asked to say that the SIMI was still in existence and they were active members.

Making several suggestions to the government, the tribunal cited a hearing in Bhopal, where Akhtar Sayeed Siddiqui, a 79-year-old retired businessman, told them that while the people who are guilty should be punished, those who are innocent should not be implicated in false cases and kept in custody for long.

Siddiqui deposed as a member of the public, and has no links with the SIMI.

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The tribunal also pointed out that Modi, while addressing Parliament on July 24, said all pending cases against political leaders should be disposed of within a year.

In this regard, Justice Kait said in all cases where mere suspicion is the basis for registration of a case, the matter must be investigated expeditiously to ensure innocent people do not suffer long periods of incarceration. He said the Centre may consider constitution of a special tribunal to look into such cases and expedite their disposal at the earliest.

The tribunal said it had received a number of representations from people who said notices should not have been issued to them as they were not SIMI members, were not involved in any of its activities, and no case had been registered against them. The tribunal cited a hearing in Udaipur, where Zaheer Mohammad Pathan, Kaleem Mohammad Qazi and Mohammad Yasin Ali Khan appeared in person and filed affidavits.

According to the tribunal, after enquiry, SP Bhilwara said the notices were issued on the basis of information received from State Special Branch in 2010, and confirmed that these individuals were not involved and no case had been registered against them. “Therefore, notices issued to them were discharged,” the tribunal said.

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It maintained that the notices are issued in a casual manner, without verification. The tribunal said such notices issued to innocent persons harm their reputation. “This is never the intention of the notice,’’ it said, adding that the central government should ensure that the state governments, after due verification, update their lists of SIMI activists and restrict issue of notices only to those individuals who are members or office bearers.

Muzamil Jaleel

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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