Date:14/10/2008 URL: http://www.thehindu.com/2008/10/14/stories/2008101459421100.htm
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3-judge Bench to hear plea against quashing SIMI ban

Legal Correspondent

Similar matters are pending before it


Student body influenced by hardcore terrorists operating from J&K: Centre

‘SIMI is against Indian nationalism’


New Delhi: A three-judge Bench of the Supreme Court will hear the Centre’s appeal against a tribunal order quashing its February 7 notification banning the Students Islamic Movement of India (SIMI).

Earlier, the court, while extending until further orders its stay of the order passed by the Special Tribunal, set up under the Unlawful Activities (Prevention) Act, issued notice to Shahid Badr, former SIMI president.

On Monday, a Bench comprising Justices S.B. Sinha and Cyriac Joseph, after hearing Additional Solicitor-General Gopal Subramaniam and counsel Kamini Jaiswal, who appeared for Dr. Badr, referred the matter to the Chief Justice K.G. Balakrishnan for posting it before the three-judge Bench. For, similar matters were pending before that Bench.

In its appeal, the Centre said, “Being a group of students and youth, the SIMI is easily influenced by hardcore Muslim terrorist organisations operating from Jammu and Kashmir. The Hizb-ul-Mujahideen and the Lashkar-e-Taiba have successfully penetrated into SIMI cadre to achieve their goals.”

It said the SIMI had launched a countrywide campaign since November 1996 to mobilise support for Muslims and a caliphate for the community. The SIMI was against Indian nationalism and worked to replace it with an international Islamic order.

Referring to the tribunal’s finding that the notification did not specify the reason for declaring the SIMI an unlawful association, the Special Leave Petition said it failed to consider voluminous oral and documentary evidence justifying the ban. It was brought to tribunal’s notice that the draft notification was attached to a Cabinet note, which was presented in a sealed cover.

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