Govt: Can’t allow outfits that seek Islamic rule

“SIMI is against Indian nationalism, and works to replace it with an international Islamic order...Their stated objectives are contrary to the laws of our country. Especially, their object of establishing Islamic rule in India can, under no circumstances, be permitted to subsist,” said the affidavit.

Any organisation that has the objective of establishing Islamic rule in India cannot be permitted to exist, the Union government told the Supreme Court on Tuesday as it justified the eighth successive ban on the Students’ Islamic Movement of India (SIMI).

Stressing that SIMI continues to exist despite the continuous proscription since 2001, the government pointed out that the latest order of five-year ban in 2019 was necessitated in view of the group carrying on its unlawful activities through more than three dozen front organisations, which had regrouped across several states under different names. (HT Photo)

“SIMI is against Indian nationalism, and works to replace it with an international Islamic order...Their stated objectives are contrary to the laws of our country. Especially, their object of establishing Islamic rule in India can, under no circumstances, be permitted to subsist,” ".....said the affidavit drafted and filed by the Centre in the court through advocate Rajat Nair."

Stressing that SIMI continues to exist despite the continuous proscription since 2001, the government pointed out that the latest order of five-year ban in 2019 was necessitated in view of the group carrying on its unlawful activities through more than three dozen front organisations, which had regrouped across several states under different names.

“There are over three dozen other front organizations through which SIMI is being continued. These front organizations help SIMI in various activities including collection of funds, circulation of literature, regrouping of cadres, etc. SIMI continues to indulge in unlawful activities causing a serious threat to the internal security of the country,” stated the affidavit filed through the ministry of home affairs (MHA).

The affidavit will be considered on Wednesday by a bench led by justice Sanjay Kishan Kaul, which is seized of a petition filed by a former SIMI member challenging the 2019 ban order of a tribunal constituted under the Unlawful Activities (Prevention) Act (UAPA).

In the affidavit filed a day before the hearing before the top court, the MHA refuted the legal proposition that SIMI should be presumed to have ceased to exist because of continuous ban orders since 2001.

“Despite the ban on SIMI, its sympathizers have continued to carry on their unlawful activities under the garb of various cover organizations. They have indulged in radicalizing and brain washing the minds of Muslim youth by Jehadi propaganda and through provocative Taqreers (speeches),” said the affidavit.

It emphasised that SIMI had been banned not only because its members were carrying out unlawful activities, but because the objects of SIMI itself were illegal and challenged the sovereignty and integrity of India.

The MHA further asserted its power to issue repeated orders banning an organisation under the UAPA, arguing a ban can be renewed if the grounds continue to exist.

“This time period after which a ban automatically ceases to exist is not a restriction on the central government’s power to ban the organisation again. However, if the central government is said not to have this power, then organisations with the most anti-national purposes would thrive with impunity after the expiry of the first ban,” it said.

Supporting its notification in January 2019 banning the organisation, the Centre maintained that the existence of SIMI is proved on account of the current and unlawful activities undertaken by its members in furtherance of the unlawful objectives of SIMI.

“Despite being banned since September 27, 2001, except for a brief period in between, the SIMI activists are associating, meeting, conspiring, acquiring arms and ammunitions, and indulging in activities which are disruptive in character and capable of threatening the sovereignty and territorial integrity of India. They are in regular touch with their associates and masters based in other countries. Their actions are capable of disrupting peace and communal harmony in the country,” it claimed.