New Delhi, Jan 18 On justifying the eighth successive ban on the Students' Islamic Movement of India (SIMI), the Centre told the Supreme Court that some members/activists of SIMI are working under the umbrella of frontal organisation or having links with a number of other terrorist groups like the Al Qaeda, LeT, JeM, ISIS, IM, and added any organisation that has the objective of establishing Islamic rule in India cannot be permitted to exist.
The Ministry of Home Affairs, in an affidavit, said SIMI is against Indian nationalism and has the aim to replace it with the 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.
"It is also evident that they are continuing to receive funds within India and also through foreign funding despite SIMI having been declared a banned organisation in the year 2001 which ban is still continuing till date, except for a very brief period," it added.
The Centre emphasised that SIMI continues to exist despite the continuous proscription since 2001.
It further added that the 2019 order of five-year ban was necessitated as "there are over three dozen other front organisations 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".
The Centre's response came on a plea filed by a former SIMI member challenging the 2019 ban order of a tribunal constituted under the Unlawful Activities (Prevention) Act (UAPA).
The Union Ministry 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 sympathisers have continued to carry on their unlawful activities under the garb of various cover organizations. They have indulged in radicalizing and brainwashing the minds of Muslim youth by jihadi propaganda and through provocative Taqreers. It is stated that the arrest of various SIMI activists has revealed their plans to eliminate targeted individuals and establish nexus with like-minded jihadi outfits in India and abroad," said the affidavit.
"Despite being banned since September 27, 2001, except for a brief period in between, the SIMI activists are associating, meeting, conspiring, acquiring arms & 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."
On the aspect of repeated orders banning an organisation under the UAPA, the MHA contended that a ban can be renewed if the grounds continue to exist.
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