The Supreme Court today dismissed a plea challenging extension of the 5-year ban imposed on the Student Islamic Movement of India (SIMI), an organization declared as an "unlawful association" under Section 3(1) of the Unlawful Activities (Prevention) Act.
Notably, the ban on SIMI has been continuing since September, 2001. In 2024, while extending the ban on the organization, a press release by the Ministry of Home Affairs said,
"SIMI is continuing to be involved in fomenting terrorism, disturbing peace and communal harmony in the country which are prejudicial to the sovereignty, security and integrity of India. Many criminal cases have been registered against SIMI and its members under various sections of law including the Unlawful Activities (Prevention) Act, 1967."
Today, a bench of Justices Vikram Nath and Sandeep Mehta was dealing with a former SIMI member's plea against order dated July 24, 2024 passed by Unlawful Activities (Prevention) Tribunal, Delhi, whereby the ban imposed on SIMI by the Central government in January, 2024 was confirmed.
The petitioner's counsel informed the bench that there are 10 other similar cases pending before the Court, raising important questions of law. "We have been trying very hard to have the pending appeals heard, but in the meantime, this new order of 29 January was passed", he urged. It was prayed that notice be issued in the present petition and the same be tagged with the pending cases.
Not inclined to do so, the bench noted that the petitioner did not participate in the proceedings before the Tribunal. When his counsel informed that he's a former member of the organization, the bench retorted as to why he was agitating the cause before the Court.
"Why are you here? Let the organization come", the bench orally said.
In response, the petitioner's counsel informed that the organization no longer exists. "Alright, how does it affect you then?", asked Justice Nath. This led the petitioner's counsel to assert that certain legal issues remain to be adjudicated.
The bench however expressed that it would indulge in that exercise in some other case, but not the present one.
Justifying his locus, the petitioner's counsel argued that previous Tribunals have held in the petitioner's favor to the effect that he has locus to challenge an order passed against SIMI (which is now defunct). "Since the organization is now defunct, I am not a member of the organization any longer. However, I have been a member..." the counsel submitted.
Hearing him, Justice Mehta suggested that the petitioner can raise all contentions in the cases that are statedly pending.
Background
SIMI was banned in 2001, following the September 11 attacks in USA. The ban was extended from time to time. In the notification issued on January 31, 2019 extending the ban for another five years, the MHA listed 58 cases in which SIMI members were allegedly involved. These included the blasts in Bodh Gaya in 2017 and at M Chinnaswamy Stadium in Bangalore in 2014, and the jailbreak in Bhopal in 2014. In August 2019, a UAPA Tribunal comprising Delhi High Court judge Justice Mukta Gupta upheld the January 2019 notification extending the ban for 5 years.
In 2021, petitioner-Human Ahmad Siddiqui filed a petition before the Supreme Court challenging the 2019 notification which extended ban on SIMI. In 2023, the Centre filed a response in the matter justifying the ban. Extensively referring to the Constitution of SIMI, which speaks of objectives like "establishment of Islamic system in my country", the Centre said that such a Constitution "must be seen as in direct conflict with the democratic sovereign setup of India and should not be allowed to be perpetuated in our secular society".
The Centre further pointed out that SIMI came into existence on 25.04.1977 and "Jehaad” (religious war) for the cause of Islam" and "Destruction of Nationalism and establishment of Islamic Rule or Caliphate" were some of its objectives.
Case Title: HUMAM AHMAD SIDDIQUI Versus UNION OF INDIA AND ANR., Diary No. 24110-2025