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Apex court notice to government on SIMI ban
Monday May 07, 2012 08:36:20 PM,
IANS
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New Delhi:
The Supreme Court Monday issued notice to the central government
on two pleas challenging the constitutional validity of the
Unlawful Activities (Prevention) Act, 1967, under which the
Students Islamic Movement of India (SIMI) was banned six times
since 2001.
The court sought a response within 10 weeks on the petitions filed
by two former SIMI members.
An apex court bench of Justice R.M. Lodha, Justice H.L. Gokhale
and Justice Ranjan Gogoi issued after senior counsel U.U. Lalit,
appearing for Humam Ahmad Siddiqui and Misbahul Islam, challenged
the constitutionality of the act.
Lalit told the court that several petitions challenging the ban
were pending before the court since 2002.
The senior counsel told the court that such bans were illegal and
violated the fundamental rights of citizens and erstwhile members.
The petitioners also contested that the latest two-year ban
imposed on the SIMI in February. They have also challenged the ban
before a tribunal headed by Justice V.K. Shali.
The petition said that the provisions of the act were not only
intrinsically flawed but the manner in which they were
operationalised by the central government breached Articles 14, 19
and 21 of the constitution.
The petition said that though the SIMI ceased to exist it was
banned for the first time Sep 27, 2001, the government insisted
that it continued to exist illegally.
The petition contended that the government’s claim was based
almost entirely upon the alleged confessional statements of
accused arrested in various cases.
The petition said that such evidence was inadmissible even against
the accused themselves but it was being relied upon to contiunue
the ban on the SIMI.
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