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Ban on terrorist organisation SIMI challenged in Supreme Court, Center says they wanted to establish Islamic rule in India, cannot be permitted: Details

SIMI, which was founded on April 25, 1977, at Aligarh Muslim University in Uttar Pradesh as an organisation of youth and students who believed in the Jamaat-e-Islami-Hind (JEIH), proclaimed independence in 1993.

On Wednesday, the Centre said in an affidavit filed before the Supreme Court that activists of the outlawed Students Islamic Movement of India (SIMI) continue to function secretively and receive funds. It added that the organisation’s “objective of establishing Islamic rule in India can, under no circumstances, be permitted to subsist”.

“The evidence brought on record clearly and unambiguously establishes that despite being banned since 27th September 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,” the Ministry of Home Affairs said in the affidavit.

“They are in regular touch with their associates and their masters based in other countries. Their actions are capable of disrupting peace and communal harmony in the country. 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”, it added.

The affidavit was submitted in response to a petition contesting the 2019 notification that extended the outfit’s ban under the Unlawful Activities Prevention Act (UAPA).

The Centre pointed out that every new recruit of SIMI is administered an oath which asserts that they would operate for ‘independence of humanity’ and ‘establishment of Islamic system in my country’. The Centre also added that its “constitution not only disclaims, questions, and intends to disrupt the sovereignty and integrity of our country; but also cause disaffection against India and the Constitution of India”.

Pointing out that the primary goal of SIMI as per its own founding document is contradictory to the basic fabric of the Indian Constitution, the affidavit incorporated that “any constitution which prescribes such an oath of allegiance to its members 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”.

SIMI, which was founded on April 25, 1977, at Aligarh Muslim University in Uttar Pradesh as an organisation of youth and students who believed in the Jamaat-e-Islami-Hind (JEIH), proclaimed independence in 1993.

According to the Centre, the organisation’s goal is to engage students and the youth in the preaching of Islam and to gain support for Jihad. Through ‘Islami Inqalab,’ the group also promotes the establishment of ‘Shariat’-based Islamic rule. The group rejects the nation-state and the Indian Constitution, especially its secular orientation. It also considers idol worship to be a sin and considers it a ‘responsibility’ to put a stop to such behaviours.

The affidavit also stated that SIMI, through its members, has ties in Pakistan, Afghanistan, Saudi Arabia, Bangladesh and Nepal and is inspired by and exploited by different fundamentalist Islamic terrorist groups functioning inter alia from the state of Jammu & Kashmir. Furthermore, terrorist organisations like Hizb-ul-Mujahideen and Lashkar-e-Toiba have effectively recruited SIMI cadres to fulfil their anti-national aims, as stated by the administration.

About its continued activities, the authorities declared that “After the prohibition, SIMI is carrying out its activities under the garb of cover groups in many states of the nation. Many SIMI cadres have reorganised under various names, including ‘Wahadat-e-Islami’ in Tamil Nadu, ‘Indian Mujahideen’ in Rajasthan, Karnataka, Gujarat, Andhra Pradesh, and Delhi, ‘Ansarullah’ in Karnataka, ‘Muslim Muttahida Mihad’ in Uttar Pradesh, ‘Wahadat-e-Ummat’ in Madhya Pradesh, and ‘Nagarik Adhikar Suraksha Manch’ in West Bengal.”

The home ministry pointed out that one ‘Karuna Foundation’ in Kerala was used by ex-SIMI members as well. Another organisation by the name ‘Amanat Foundation’ also showed pro-SIMI leanings. “At all India level, SIMI has been regrouped under various names including ‘Tahreek-e-Ehyaa-e-Ummat,’ a movement for the revival of the Community, ‘Tehreek-Talaba-e-Arabia;’ ‘Tehrik Tahaffuz-e-Sha’aire Islam’ etc. Besides, there are over three dozen other front organizations through which SIMI is being continued. These front organisations help SIMI in various activities including collection of funds, circulation of literature, regrouping of cadres, etc,” the Centre stated.

The authorities further stated that the organisation was still receiving funds from both within and outside the country. The funds were being provided in the form of Zakat. The affidavit highlighted that though the exact meaning of Zakat is religious tax, however from the substantiation of witnesses it is disclosed that money is being collected as donations for which donor’s slips were issued. They were then utilised for funding the unlawful activities of members, activists, and sympathisers of SIMI and to carry out its objectives and goals. 

“Some of the members/activists of SIMI are working under the umbrella of frontal organisation and/or are having links with a number of other terrorist organizations e.g. Al-Qaeda, LET, JEM, ISIS, IM etc”, the government added.

Reports mention that the Central Government has enough credible evidence and reasons to declare SIMI an unlawful association under sub-section (1) of Section 3 of the Act.  The MHA extended the ban on SIMI for five years in its January 31, 2019 announcement.

The SIMI was originally banned in 2001, and the organisation’s ban has been extended on a regular basis since then. This was the eighth time the ban has been extended. 

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