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Tuesday, July 17, 2018

Kerala police, NIA make case to continue SIMI ban

The only evidence is the confessional statements of the alleged accused, but using that before the tribunal is illegal, said Agrwaal.

Written by Shaju Philip | Thiruvanathapuram | Published: April 25, 2014 2:35:35 am

Two cases pertaining to the seizure of books that could cause communal disharmony were among latest evidence presented by the Kerala Police before the special tribunal of the Delhi High Court reviewing the ban on Students Islamic Movement of India (SIMI) Thursday.

The National Investigation Agency (NIA) also submitted cases of terror recruitment of Kerala youths and two meetings of SIMI activists, all reported between 2006 and 2008.

The Unlawful Activities (Prevention) Tribunal of the Delhi HC, which is reviewing the SIMI ban, began its three-day sitting in Kerala on Wednesday. The Kerala Police and the NIA submitted affidavits before tribunal judge Suresh Kait, demanding that the ban be upheld to curb the organisation’s illegal activities.

According to the police affidavit, in September 2013, police in Kozhikode seized two Malayalam books, Dahvathum Jihadum and Vazhiyadayalangal, which contained sections that could promote enmity and communal hatred. Separate cases, registered under section 153(A) of the IPC, are still under investigation.

The affidavit said P K Abdurahiman, one of the accused associated with the publication of the books, was a former district president of SIMI. He is also a leader of the Minority Rights Watch, a cover organisation of SIMI. The affidavit said the trust which brought out one of the books was formed in 2003 after the ban of the SIMI and had activists of the Minority Rights Watch.

The Kochi unit of the NIA submitted three affidavits to show SIMI members had been indulging in anti-national activities even after the ban. The organisation cited the Kashmir terror recruitment case of 2008, in which a special NIA court convicted the accused earlier this year. The NIA said Sarfaraz Nawaz and Abdul Jaleel, two of the convicts, had been active SIMI workers.

The other two SIMI related cases were registered in 2007. In December 2007, as many as 29 SIMI activists led by Safdar Nagori attended an indoctrination camp in Vagamon hills, Kerala.

The other case relates to a secret SIMI meeting held at Binanipuram in Ernakulam rural district in 2006. The affidavit said SIMI activists had displayed provocative pamphlets and read out papers in support of militant activities in J&K.

In the hearing held on Thursday, advocate Ashok Agrwaal, appearing for two persons who had been associated with SIMI before its ban, argued that the above cases could not be used to justify the ban on SIMI.

Agrwaal said the government insists SIMI is functioning clandestinely after the ban, but there is no evidence to support that.

The only evidence is the confessional statements of the alleged accused, but using that before the tribunal is illegal, said Agrwaal.

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