Supreme Court Upholds Five-Year Ban on Students Islamic Movement of India
The Supreme Court has dismissed a plea challenging a judicial tribunal's order that confirmed the five-year extension of the ban on the Students Islamic Movement of India (SIMI). A bench of Justices Vikram Nath and Sandeep Mehta upheld the tribunal's July 2024 decision, which was constituted under the Unlawful Activities (Prevention) Act (UAPA). The Centre had extended the ban in January 2024. SIMI was first declared an unlawful association in 2001, and the ban has been periodically extended since.
Unpacked:
SIMI is an Islamist organization founded in India in 1977. It was banned in 2001 under the Unlawful Activities (Prevention) Act (UAPA) due to its alleged involvement in extremist activities, links to terror groups, and efforts to radicalize youth. Authorities cited its association with incidents of communal violence and terrorism as reasons for the ban.
When an organization is banned under UAPA, the central government must refer the ban to a judicial tribunal within 30 days. The tribunal reviews evidence, hears arguments from both the government and those opposing the ban, and decides whether there is sufficient cause to uphold or lift the ban. The process involves public hearings and submission of affidavits.
The government cited cases involving ex-SIMI members who joined or aided other banned groups like PFI and ISIS, involvement in radicalization and terror incidents, and convictions of SIMI activists for terrorism-related offenses as reasons to extend the ban. Authorities argue SIMI poses a continued threat to national security.
Yes, the ban has been legally challenged multiple times. In 2008, a tribunal briefly lifted the ban, but the Supreme Court stayed that order the following day, reinstating the ban. Subsequent tribunals have consistently upheld the government’s decision to keep SIMI banned.