SC extends SIMI ban after Centre146;s new affidavit

After hearing the argument, the court extended its interim order putting a six-week stay on the Tribunal8217;s decision to lift the ban on SIMI and posted the matter for hearing on September 24.

The affidavit was filed by the Home Ministry, represented by Joint Secretary Arun Kumar Yadav, listing 349 cases registered against SIMI activists before February 2006 8212;the Government had notified its third ban on February 8, 2006 8212; and another 60 cases since. 8220;SIMI has been active throughout the nation and extensive evidence has been filed 151 affidavits and a large number of witnesses 77 have been examined by the Centre in support of its contention that the entire purpose and activities of the SIMI are illegal and unlawful and that they resort to violence in the name of Jihad,8221; the affidavit said.

On behalf of the Ministry, Additional Solicitor General Gopal Subramanium submitted: 8220;8230;the Intelligence Bureau had also sent various inputs which clearly indicated that members of SIMI continued with their activities and had managed to keep its network alive clandestinely.8221;

8220;SIMI has revived the organisation through front organisations, clandestine meetings and circulation of leaflets, posters and magazines,8221; he said. 8220;SIMI continues to exist and its activities are being carried on. In fact the Honourable Special Tribunal had observed that 8220;certainly there is a manifest increase in heinous offences and incidents even between 2006-08.8221; The Government said SIMI had extended 8220;full support8221; to extremists in Punjab and J038;K and had been involved in militant activities in other states.

Frontal organisations of SIMI

8226; All-India level: Tahreek-e-Ehyaa-e-Ummat TEU, Tehreek-Talaba-e-Arabia TTA, Tehrik Tahaffuz-e-Sha8217;aire Islam TTSI and Wahadat-e-Islami.

8226; State level: 46 organisations identified. Activities include collection of funds and circulation of literature.

Why IT is an 8216;unlawful organisation8217;

8226; SIMI activists and leaders travel and exploit all available opportunities, particularly Muslim festivals, to raise funds.

8226; Instigating Muslims to riots: On April 2, 2007, SIMI activists were involved in Hindu-Muslim clash during Hanuman Jayanti procession in Narsinghgarh.

8226; Circulation of CDs and cassettes: It is increasingly using printed and audio-visual media to propagate its messages 8212; provocative speeches propagating 8216;Jihad8217;.

Why lifting stay was bad in law

8226; The Tribunal 8220;ignores8221; the fact that the Cabinet had approved the recommendation for a ban on SIMI.

8226; The Ministry notification had the concurrence of the Ministry of Law and Justice and the Cabinet.

8226; The Tribunal did not consider the Cabinet note produced on record in this regard.

8226; The Tribunal ignored the fact that Government decision for the ban is based on inputs by intelligence agencies as well as various state governments.

8226; The Tribunal lifts the ban despite holding that SIMI is existing and carrying on its activities clandestinely.

8226; Misunderstanding the purport of the ban notification, the Tribunal erroneously recorded that it is shocking to know that except for a minor re-arrangement of some words at the end of the notification, the notification of 2008 is almost verbatim reproduction of the notification issued in 2006.

Source: Home Ministry report