Don’t presume SIMI hand, give specific proof, says tribunal

The Tribunal was specially constituted to adjudicate on the question of whether or not there was sufficient cause for declaring SIMI an unlawful association. It was hearing a challenge from SIMI against a February 7, 2008, notification from the Home Ministry, declaring it an “unlawful association indulging in activities prejudicial to the security of the country”.

The organisation is facing its fourth ban under the Unlawful Activities (Prevention) Act, 1967. Justice Mittal asked why specific reasons or activities were not set out in the February 2008 notification.

“It is the right of a person to know by what activities he is being banned,” observed the court. Mere mention for an “immediate curb or control” over SIMI in the notification is not enough, it added, “reasons have to be stated”.

Both SIMI and the Centre have been asked by the Tribunal to file detailed written submissions in the case. The Tribunal has to file its report in the Home Ministry on the legality of the notification by August 6, 2008. Counsel for SIMI Mobin Akhtar argued that “the Centre each time improves on its own previous orders for a ban”.

One of the government counsel said on conditions of anonymity that 53 fresh cases had been filed against SIMI in two years. “We cannot annex the records of all 53 cases in the notification, can we?… Every record will be placed before the Tribunal for its scrutiny,” said the counsel.