Students Islamic Movement of India - Ban and Aftermath

Ban and Aftermath

The Government of India, by notification dated 08-02-2006 banned SIMI for the third time. SIMI was first banned on 27 September 2001 immediately following the September 11 attacks in the United States. SIMI remained banned from 27 September 2001 to 27 September 2003 during which period several prosecutions were launched against its members under the provisions of [Terrorist And Disruptive Activities Prevention Act (TADA), the Maharashtra Control of Organised Crime Act (MCOCA), and the Unlawful Activities (Prevention) Act 1967.

SIMI was banned for the third time on 08-02-2006. The second ban of SIMI dated 27-09-2003 came to an end on 27-09-2005. Therefore SIMI was in existence between 28 September 2005 and 7 February 2006 but was believed to be dysfunctional due to the fact that many of its members were demoralized or had crossed the age of 30 years; which automatically made them ineligible to continue as a member of SIMI -SIMI has an age limit of 30 years for membership. Many of its members had to fight cases registered against them by the Government.

However, on 27 July 2006, a spokesperson of the Indian Government told the Unlawful Activities (Prevention) Tribunal held in New Delhi, that contrary to notions that SIMI's activities declined following its ban, the organization "had stepped up its subversive activities and was involved in almost all major explosions, communal violence and circulation of inflammatory material across the country."

The ban notification and the background note stated that SIMI deserved to be banned for clandestine activities and links with around 20 organizations through whom SIMI was allegedly operating. The background note clearly says that there was no violent incident in which SIMI was involved in the last 2–3 years.

To prove its case against SIMI, the Government cited several cases under the Unlawful Activities (Prevention) Act registered between 1998–2001.

The third ban on SIMI was lifted by the Delhi High Court Tribunal on 5 August 2008. "Material given by the home ministry is insufficient, so ban cannot be continued,” Justice Geeta Mittal, a sitting Delhi High Court judge, said while lifting the ban. But the lifting of the ban was stayed by the supreme court of India on the next day itself(6 August 2008).

A special tribunal has upheld the ban imposed on SIMI by the Home Ministry under the Unlawful Activities (Prevention) Act, 1967. The Tribunal’s head confirming the ban held that SIMI has links with Pakistan-based terror outfits and it's front, the Indian Mujahideen.