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SC rejects plea challenging ban on SIMI

SC rejects plea challenging ban on SIMI

The Supreme Court on Monday refused to entertain a plea challenging a decision of the Unlawful Activities (Prevention) Tribunal, which had upheld the extension of ban on the Students Islamic Movement of India (SIMI). 

A Bench of Justices Vikram Nath and Sandeep Mehta questioned the maintainability of the special leave petition (SLP) filed by Humam Ahmad Siddiqui, a former member of the banned “unlawful association”.

“Why are you (Siddiqui) here? Let the organisation come!” remarked the Justice Nath-led Bench, questioning the locus standi of the petitioner.

Ultimately, it dismissed the special leave petition (SLP) filed against the decision of the judicial tribunal confirming the ban on SIMI under the Unlawful Activities (Prevention) Act.

In a notification issued on January 29, 2024, the Union Home Ministry had extended the ban on SIMI for five more years, referring to its involvement in “fomenting terrorism, disturbing peace and communal harmony, which are prejudicial to the sovereignty, security and integrity of India".

“The ban on SIMI has been imposed under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967 for a further period of five years,” the Union Ministry of Home Affairs had said.

Subsequently, a tribunal was constituted to decide whether there were sufficient reasons to declare SIMI an unlawful organisation or not.

Citing ISIS links among a host of reasons for the decision, the Unlawful Activities (Prevention) Tribunal, presided over by Delhi High Court Judge Justice Purushaindra Kumar Kaurav, passed an order confirming the ban on SIMI.

Established in 1977 at Aligarh Muslim University, the SIMI was first banned in 2001, following the 9/11 attacks on the twin towers in the United States, and since then, the ban has been extended periodically.

Several criminal cases have been registered against SIMI and its members under penal law, including the UAPA.