By TwoCircles.net Staff Correspondent,
New Delhi: The Supreme Court on 3rd January issued notice to Central Government on a petition challenging the Delhi High Court’s special tribunal judgment that upheld the fifth ban on alleged extremist group Students Islamic Movement of India (SIMI). Listing the plea of Humam Ahmad Siddiqui, petitioner on behalf of SIMI, the 2-judge bench of the apex court consisting Justices J.M. Panchal and H.L. Gokhale issued the notice.
Appearing in the apex court for SIMI, Adv M.A. Chinnasamy pleaded the Supreme Court to reject the government notification of ban and reject the tribunal’s judgment.
Supreme Court
The Special Tribunal headed by Justice Sanjeev Khanna of Delhi High Court had upheld the ban on 4th August 2010 while validating the Central Government notification of 7th February 2010 whereby fifth consecutive ban was imposed on the group. The Judge dismissed the SIMI’s contention that the government had no fresh evidence against it to extend the ban. The Government had instituted the tribunal in April 2010.
Justifying the ban before the Sanjeev Khanna tribunal, the Central Government had said the action was needed to bring the Muslim community to the national mainstream by checking its “disgruntled” elements. “There has been substantial increase in Muslim population and also in (their) getting opportunity in various public sectors but because of some disgruntled elements are propagating, spreading rumours of government discriminating against them. Hence, this ban is justified to bring Muslim in the mainstream,” Additional Solicitor General A S Chandhiok had said.
SIMI was outlawed for the first time on 27th September 2001 by BJP-led NDA government for its alleged involvement in terrorist acts. The ban was extended in 2003 and 2006. The fourth ban was imposed on 8th February 2008 and fifth on 7th February 2010.
However, the fourth ban was lifted by a special tribunal on 5th August 2008. In her judgment, Justice Geeta Mittal of Delhi High Court stated that the material provided by the Home Ministry to justify the ban was insufficient. The tribunal had found no evidence against SIMI. The Central Government rushed to the Supreme Court and within 24 hours secured a stay order against the tribunal order.