The specially designated tribunal, hearing the Student Islamic Movement of India’s (SIMI) petition against the Centre’s decision to ban it, on Wednesday said that the government has to bring new facts to justify its decision.
Justice Geeta Mittal, a Delhi High Court judge who is heading the tribunal, said that the government cannot extend the ban on the basis of earlier records against the organisation.
“What precluded the government from stating the facts. You have to satisfy the tribunal about the sufficiency of the reason behind issuing a fresh notification (on the ban),” Justice Mittal said.
The tribunal also referred to three notifications issued by the Centre after the Babri Masjid demolition when three political organisations were banned but the tribunal quashed two of them.
“The notification should tell what leads you to declare SIMI a banned organisation,” Justice Mittal further said.
The government, on the other hand justified the notification, saying that it can ban such organisation even in anticipation.
“Earlier, we issued notification and then Malegaon blasts happened. SIMI still indulges in communal activities and it is a threat to the secular fabric of our society,” Additional Solicitor General Kalyan Pathak said.
The organisation has been banned by the Centre for the last seven years and the government issued a fresh notification in February, 2008 to extend the ban for another two years under Unlawful Activities (Prevention) Acts.
The notification issued by the Home Ministry on February 7, 2008 says that the organisation was involved in unlawful activities in the country and was spreading communal hatred.