Ban on SIMI – Why and for How Long?
Abu Zafar Adil Azmi
(Spl Correspondent Afkar-e-Milli)
“Basically, SIMI is an ideology-based organization whose main agenda is social issues. Neither it is a fundamental nor is a terrorist organization. It was formed to achieve superior objectives. RSS and Bajrang Dal are fanning communalism in the country. There is a dire need to ban. them. Ban on SIMI is not justified. Government must take a re-look in SIMI’s case. We will talk to party’s officials. ” Reeta Bahu Guna Joshi President of All India National Congress.U.P Justice Hosbet Suresh FormerChief Justice of Mumbai High Court. |
Its been eight years since the central government has imposed ban on Students Islamic Movement of India (SIMI). Till date the government has failed to produce any concrete evidence against it. During these eight years dozens of youths arrested in the name of SIMI have been acquitted by the Court. Yet there has been no change in government’s attitude against the SIMI. Government produced evidences in court to impose ban on SIMI on 27 September 2001. These very same evidences have been repeated the second time, third and the fourth time! When the first term of proscription was about to expire, the police and intelligence agencies again become active in the whole country and the name of the SIMI once again features in the headlines of the newspapers. This continues till the ban is enforced anew.
After each banning the government sets up a legal tribunal and usually this tribunal endorses the government action. The ban on 07 February 2008 was the fourth one. However, this time the Judge of the Tribunal Justice Geeta Mittal quashed the banning. The very next day the central government applied in the Supreme Court for a stay against the Geeta Mittal judgment. The Supreme Court acting on an oral petition of the central government extended the stay for yet another fourteen days without ever listening to the SIMI’s arguments. Later this stay was further extended till the final decision. Consequently, even after fourteen months the stay on SIMI continues. In the Supreme Court itself the cases of first, second and third prohibition are still pending, although, the first case against the banning was filed more than seven years ago
On the one hand a welfare organization of Muslim youths is a victim of state terrorism without any evidence. The government appointed tribunal overturns the banning by the government; the government fetches the stay overnight. While on the other hand the preachers of hate in the country, those who distribute trishuls and harass the Muslims and other minorities of the country are roaming scot-free. No on is there to ask for their head. The Naxalites and Maoists have unleashed a wave of terror in several states of the country. The government has offered to talk with them terming it to be internal crisis. It is even refraining from calling as terrorist activities the bomb blasts in trains and police stations. One of the most depressing aspects of the whole episode is that neither the secular intellectuals nor the Muslim leadership is willing to come forward in this SIMI’s matter.
Last year the English weekly Tehelka published a comprehensive report titled ‘SIMI Fiction’. This report contained detailed information regarding the brutalities and atrocities carried out on
“I have attended SIMI’s meetings. It is a welfare organization of Muslim youths whose objectives are set. SIMI is working towards Islamic awakening and awareness in the new generation. It is atrocious to clamp a ban on any such organization. Government must immediately lift the ban” Maulana Mohamad Salim Qasmi Vice-president of All India Muslim Personal Law Board Principle of Darul-Uloom Deoband “It is unfair to outlaw SIMI. Now there is no question of continuing it. SIMI was never involved terrorist activities. Congress government, like the BJP government, is proving communal. The Congress-supported department of IB has been instrumental in affecting a ban on SIMI and the judiciary has also come under the influence of Congress and IB” Ilyas Azmi Former Member of Parliament (B.S.P) “It is completely wrong to ban the SIMI. When the High court of Delhi cancelled the ban, it was not right for Supreme Court to make a stay on it. Judiciary is also continuing to be fanatic. People can not dare to oppose it openly because a large proportion of society is growing to be communal. ” Parshant Bhushan Advocate Supreme Court |
SIMI in the country. This report had a profound impact on the secular circles. But then, there was an array continuous intense charges of bomb blasts against the SIMI that this effort like the effort of Justice Geeta Mittal soon lost its sheen. As a matter fact the quantum of brutalities and excesses carried out in the name of SIMI during the past eight years is on such a high scale that it requires a huge amount of paper to record them but these would also fall short. The Afkar in this context, has strove to discern the opinion, about these alleged atrocities, of the country’s secular representation as well as of Muslim leadership and Muslim intellectuals..
Today, the situation is very precarious. Every now and then, a Muslim youth(s), here or there, is picked up by the intelligence agencies and the security forces in the name of SIMI. Earlier, it was not that easy to become a member of SIMI. The aspirant had to undergo strenuous tests before being enrolled as a member of the organization. There are very clear-cut and detailed guidelines for becoming a member of SIMI. These are inscribed in its constitution. Besides, a long list of reading material, it also emphasizes for a positive character and conduct report. These conditions stress for activities and punctuality. However, now the police and administration, irrespective of these conditions, does not hesitate to label each and sundry as the member of SIMI. Anyone who fancies them becomes member of SIMI whether or not s/he is aware of the full name of SIMI. Earlier, the list of new members of SIMI used to be published in SIMI’s organ, but now, the names of SIMI’s members are announced in the charge-sheet and affidavits filed by the government in the courts. Now the situation has reached to such an extent that those children who were aged nine or ten in September 2001 (first banning), the government terms them as members of SIMI. If this malicious drive continues then, it is feared that children born after September 2001 would also be considered as ‘members’ of SIMI.
It is worth pondering that how can such an organization – whose headquarters are housed in the heart of the country and its branch/sub-offices are spread in state capitals and major cities of the country, whose office-bearers organize press conferences, issue statements, who publishes government approved mouthpiece in different languages of the country that contains a list of its newly elected members and a gives a full coverage of its activities – picks up weapon? That too, against a same state with whose permission it is carrying out all of these activities.
Well, how come an organization, which is limited to students only and for almost quarter a century not even a single case of terrorism was registered against it and all of whose activities are confined to only speeches, printed material and meetings can pick up weapons? This fact is also unfathomable that an organization – which is knocking at the doors of the court for seeking
“SIMI did not teach violence how much I know. It was an Islamic organization and Islam is faith that is completely free from violence. It is not right to ban such organization. They have made a mountain out of a molehill in the name of SIMI and arrested Muslim youths with a great extent. But it is the fact that the truth has won the battle whether it has taken a long time. But a noble organization looses its reputation in this battle which is totally unacceptable. Judiciary has also not treated in proper way. Therefore it becomes obligatory to make reforms in judiciary” Minakshi Ganguly Human Rights Watch “Ban on SIMI is a communal agenda of Government by which it wants to amuse a particular proportion of people. We have been opposing this ban since the first day. On one hand Government pulls its leg to act on the report of Shri Krishna Commission and on another hand it looks sharp and active to fetch a stay order on SIMI after being lifted the ban. The silence among Muslim organizations regarding issues of SIMI is unbearable. A eminent organization like Jamee-at-ul-ulema in his ceremony in Ram Leela Ground could not raise voice against this atrocity. All national organizations and pro-democratic people must demand to lift the ban unanimously and there should be organized a particular conference on this topic. ” Mufti Muhammad Mukarram, (Shahi Imam, Fatehpuri Mosque, Delhi) |
Justice continuously for the past eight years, whose counsel visits the whole country along with the Tribunal Counsel and appears in the High Court and other sub-courts – carries out bomb blast? That too, on the same or a day before hearing!
A few years before the banning SIMI became a very hot topic of discussion. However, despite this its monthly activities could not occupy more than a few pages in its monthly organ ‘Islamic Movement’. The intriguing question is how come after the ban its activities had increased to such a huge extent that the government has to file an affidavit comprising four to five hundred pages. The atrocities against the SIMI is not limited to police and administration but axe also falls on those who unfailingly consider themselves as secular and free from any sort of bigotry or bias.
Even before the Fajr prayers on 27 September 2001 dozens of SIMI activists were arrested in state of Uttar Pradesh and other parts of the country and several offices were sealed. Most of the arrested were those whose relatives have testified that they (the arrested persons) were not even remotely related to SIMI. This calamity struck even to those whose ages were well above double the age of retirement as a SIMI member i.e. thirty years. A senior citizen whose age was around sixty years was arrested in a village in Azamgarh on a frivolous charge that he was shouting slogan glorifying Osama Bin Laden. A cursory look at all of the charge sheets filed in Uttar Pradesh points towards a one single master plan; only the characters, places and, at times, the timings differ. The sections are also almost similar albeit some minor variations. Yet another weak link is that although the ban on SIMI was affected at 4 O’clock in the evening of 27th September 2001, however, the nationwide drive of arresting SIMI activists/members had started in the small/wee hours of 27th September itself. Consequently, dozens of Muslims all over the country were sent behind the bars even before the dawn. The police records showed them arrested in the afternoon/evening on charges of pasting posters, making inflammatory speeches and shouting slogans. If, after the imposition of ban on any organization, if an individual carries out activities in its name, then he/she is liable for legal action. On the contrary, in the SIMI’s case, the unending cycle of arrest commenced before the declaration of ban.
In the views of the legal experts under the Anti-Terrorism Act 1967 (under which a ban was clamped on SIMI) after the imposition of ban on organization it is mandatory that the copies of the notification must be: pasted at a prominent place on the headquarters of the organization; handed over to the office-bearer(s) of that organization or announce about the activities of the banned organization in the
Acquitted SIMI person in deferent States
. |
concerned area through the public address system. According to the then President of SIMI Shahid Badr, we came to know about the ban through the evening TV news whereas the phone lines of our offices in the country were disconnected in the morning itself. In different states of the country including Uttar Pradesh, the
arrests had already been made before dawn. Shahid Badr further tells that in the night of 27th September 2001 at 12:40 am police barged into SIMI central office breaking the door and abusing and arrested us. Till then we had not received any sort of notification, whatsoever.
Consider the tongue of people as an alarming of God “Tendency of arresting innocents is growing in the country. SIMI is also prone to it. The ban on SIMI is wrong. When Justice Geeta Mittal quashed the ban last year, Why government felt need to take a stay order. Government must lift the ban quickly. We should work to join all habitants of the country” Swami Agniwesh President of the outfit Bhanda Mazdoor Virodhi. “To continue ban on SIMI is wrong. Government had imposed banned earlier on RSS but has been lifted it. Executives and Judiciary should take decision free from fanatics. Government should let SIMI work. The ban on it is harmful for democratic structure of the country. Political people should also come forward against this atrocity” Sandeep Pandey President: People’s union for Human Rights. “We know SIMI much better. It is not a terrorist organization. Earlier also we had opposed the ban now also firmly hold our stand. The Jamaat-i-Islami Hind welcomed Justice Geeta Mittal’s order last year. Now, it’s more than eight years for the ban on SIMI. The government is not justified to continue with the ban. ” Nusrat Ali General Secretary, Jamaat-al- Islami Hind. |
The greatest hue and cry was made in Maharashtra where the Congress is in continuous power for the past several years. After the imposition of ban on SIMI a bomb blast took place in a bus at Ghatkopar in 2002. The Mumbai police termed it an act of SIMI and accused 16 persons under POTA. It (Mumbai police) produced Dr. Mobeen and Saqib Nachen and others as key accused. Saqib Nachen and eight others were arrested by the police in 2003; nevertheless, inside one year’s period in 2004, all of them were discharged. Later, rest of the other accused were also acquitted by the court. But, the government presented same case in September 2003 to impose ban on SIMI once again. Similarly, in the case of bomb blasts in Milind, Ville Parle and Mumbai Central sixteen persons were arrested. In this also Saqib Nachen was produced as a key accused. This case was also registered under POTA. However, after two years in 2005, the Prosecution passed a written a judgment that several key accused including Sa
qib Nachen have no direct link in preparing or possessing the bomb as well as conspiring to carry out bomb blasts. Yet this is sub judice in Suprem Court.
West Bengal, where a party that dubs itself miles away from communalism is in power for so long (more than three decades), no less drama was staged in the name of SIMI. A fifty eight year old man Yaseen Kabeer along with five others was arrested in Malda district in 2001. They were charged with pasting SIMI’s poster, making inflammatory speeches and shouting slogans. Yaseen Kabeer expired in jail after
SIMI at a Glance |
two years. The Session Court acquitted the four of the accused after four years. One of the accused was sentenced to two years imprisonment. Interesti
Details about cases and accused in some important states | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ngly enough all of the four accused had already spent four years in jail.
In the Murshidabad district of West Bengal, the police arrested yet another eighteen persons including a 75 year old Islamic Scholar Maulana Ashraful Haq. He had also been charged with pasting posters and sloganeering. In the same district the police arrested the owner of Molin Hotel Abul Qasim (65 years), however, later the court acquitted him. The police made a case against him that when in 2001 the then President of SIMI Shahid Badr came to Murshidabad in
Interview : Dr. Shahid Badr Falahi, Ex SIMI president Question: it has been passed eight years since the ban on SIMI. What do you think now? Answer: We have no option except legal fight. We are fighting this battle with complete attention. Justice-liking people know what have been happening with us in these eight years. Question: SIMI is blamed to continue its activities and being involved in Illegal activities? Answer: All of our activities have come to standstill since last eight years. The talk of illegal activities is false; we are only fighting legal battle. When ban is imposed we defense ourselves in tribunal. Then matter comes to Supreme Court. Here new ban is imposed before taking the matter under consideration. Supreme Court says to look new cases. Question: It is said about SIMI that it does not believe in Indian constitution. Answer: This question is raised before those who have been stricken by ban and battling against it. This question could be justified if we do not go to Judiciary and continue our activities. This question should be raised before those who do not go to Judiciary instead of ban on them. Question: SIMI talked about Khilafat in India. Answer: We have talked about Khilafat on the path of Prophet Muhammad (S.A.W). Gandhi Ji also said that if he got a chance, he would bring system of governing like Umar and Abu Bakr in which there was accountability and justice. We believe in molding thought not in force and compelling. If someone talks about Ram Raj another about bringing communism in the country they are acceptable and we are considered culprits. Question: What is your stand on Terrorism? Answer: The murder of a innocent person is a slaying of whole human kind whether he belongs to any of caste or any region and any country. Muslims should oppose it completely whether it were personal or regional. Question: Last year many blasts shook the several parts of the country and SIMI has been blamed to involve in those blasts. Answer: The question is that who benefited from that and who bore the sufferings of those blasts. It should be analyzed. I have already stated that hand was indigenous and mind was foreigner. Question: The communal hatred in the country is a grave issue. What do you think about it? Answer: We are supporters of inter-community love and compassion. Whenever ban is being lifted we will work for that. We were against anti-humanitarian policies and we adopt the method of preaching not a method of forcing and compelling for that also. We believe that all are sons of Adam. There should be no violence and hostility in the name of black and white, poor and rich |
connection with a conference then, he stayed in his (Abul Qasim’s) hotel.
On 15 August 2006 an organization by the name Islamic Movement of India organized a seminar on ‘The Muslims Role in India’s Independence’ in Panjikollam town of Kerala. The government termed it a secret meeting of SIMI and
registered cases against five persons. Surprisingly enough, this seminar was being held in the heart of the city in an auditorium with a seating capacity of five hundred. The arrested persons spent more than two months in jail after which, they were released on bail. Till date no charge sheet has been filed in this case. However, ten more persons were arrested in the same case in 2008.
Madhya Pradesh police has accused Safdar Nagauri of organizing a terrorist training camp at a place called Waghman in the Kottayam district of Kerala. The police version points out that the
Interview : Amresh Misra, (Congress) President Anti Communal Forum Question: it has been passed eight years of ban on SIMI but even now the Government could not provide any firm and concrete evidence. Is it right to continue the ban? Answer: there is no evidence to prove SIMI as a terrorist organization. It is a communalism’s conspiracy to tarnish the secular role of law. Question: Before whom you are making your statement even though congress is a ruling party in centre. Answer: Congress is a platform which has many faces and streams. There are communal and fanatic elements in both government and judiciary. That’s why it is happening. Question: you are a member of Congress and leader of its subsidiary organization Anti Communal Forum. What do you mean by the presence of communal elements in Congress? Answer: Our fight against communalism is in all directions. There is a huge active lobby of communal elements inside the Congress and we are fighting against them inside. We believe that these people can not cross the limit of Indian Constitution. This fight is coming in our favor step by step. But the leaders of left party have no significant stand. Question: what are the solutions for injustice regarding SIMI and other issues? Answer: it needs a united effort. The pro-justice people of Congress and other parties must come openly and ban on SIMI should be lifted and innocent arrested youths in connection with Batla House or other issues should be released and compensation should be given to them |
“There is no obstacle on communal organizations that propagate hostilities openly. SIMI has not committed any crime that could be labeled as hostility. There was a little bit harsh in their mood but it has not brought any loss to the country. The view of government to justify this ban on a noble organization is completely wrong” Maulana Gulzar, Azmi, incharge of legal affairs of Jamiat Ulama-e-Hind. “The ban on SIMI is completely wrong. It shows fanatic attitude of the government towards minorities. There has been violence against minorities in our country earlier. Communal elements have intruded into government, judiciary and Media. There is a need of public movement on large scale regarding SIMI issues and for this purpose pro-secular people should come forward” Pandit Yugul Kishor Shashtri President, Ayodha ki Awaz “SIMI has not been involved in any illegal activity. We believe that ban on any organization especially Student organization is wrong and unconstitutional. This ban is against the Article no 14, 19 and 21 of the constitution of India” Professor Sechceih President Aandhra Pradesh Civil Liberties Committee |
SIMI activists/members had undergone weapons training there and also participated in swimming exercises. On the contrary, it is a tourist spot so how can wea
pons training be possible? Another fact is that this place is devoid of any lake or swimming pool so how can swimming exercise be possible? The police has also accused Safdar Nagauri of running camp in Madhya Pradesh as well. Nonetheless, the Chief Editor of English fortnightly Milli Gazette Dr. Zafarul Islam Khan revealed that when he sent his rep
orter at this place the locals disclosed that two days ago policemen had themselves planted bombs there.
The Delhi Police arrested two persons including Yaseen Patel in May 2002 in the name of SIMI. They were accused of pasting provocative posters on the walls of Jamia Millia Islamia. Talking to Afkar-i-Milli Yaseen Patel told that he was arrested
“The ban on SIMI is against justice. But people fear to come against it” Mahant Bhanwar Nath Das Maharaj Sarpanch: Hanuman Garhi Ayodhya: President Social Sant Maha Sabha. “It is not right to ban SIMI. We strongly demand to lift it” Maulana Aqeel Al-Gharwi (Shia religious leader) Member All India Muslim Personal Law Board “The ban on SIMI should be lifted quickly. We are demanding this from the first day of ban and we have sent an application regarding it to the government. We are against ban on any organization. Judiciary and Executive both have played separatist roll in this connection. The government has failed to provide any evidence against SIMI therefore this ban is unconstitutional” E. Abu Bakar President, Social Democratic Party of India “It is not the matter of SIMI but government has imposed ban on many other organizations also. I am against the ban on any organization. ” John Dyal (Christian Leader) “In democratic system of governance, it is right of all organizations to put their talks and propagate them according to the constitution. Therefore for that no organization could be banned. Government has completely failed to present solid evidence against SIMI in last eight years so that there is no justification to continue the ban. Police has mostly arrested innocent persons. It has double sided wound: innocent people become targeted and criminals wander freely” Professor Ramesh Dikshit Department of Political Science. Lucknow University. “Every thing is considered legal on the name of democracy. Government acts according to its some specific policy. Now there is no real democracy in India. The ban on SIMI is a part of this thought which is totally injustice and should be finished” Guru Nam Singh Senior Member, Bamsef, Panjab. “Ban on any organization in democratic country is principally wrong” Mukul Sinha Advocate, Ahmedabad High Court |
a night before. When his wife filed Habeas Corpus in Delhi
High Court then, the Delhi Police forged the fake case of pasting posters on the walls of Jamia Millia Islamia. The alleged ‘poster’ was actually a sticker that was published by SIMI in 1996. Actually, the police enlarged that sticker by computer and presented it as a poster. Witnesses were only police persons. Police informed the Court that from afternoon till the evening no witness could be secured. The Prosecution also told the Court that generally people are afraid of testifying in such types of terrorist activities.
Looking at the poster the POTA Judge exclaimed, “This (poster) is even more dangerous then AK-47”. Although, no one objected to this sticker when it was published by SIMI, for the first time, in 1996.
This is not an isolated incident of Court’s strange attitude in SIMI’s case. There have been complained against the biased attitude of courts. All the same, there has been a phenomenal rise in such behavior in the recent past. Human Rights activists of Madhya Pradesh Mr. Vineet Tiwari divulged that after the arrest of Safdar Nagauri and others in March 2008, no lawyer is ready to fight their cases. After much persuasion one lawyer agreed to fight the case, however, he was brutally beaten up other lawyers in front of the judge, but, the judge did not take any action against them. Describing yet another incident, Mr. Vineet Tiwari mentioned, that the father of a youth who was languishing in jail for almost
“The name of SIMI is pretence for security forces. The ban on SIMI is wrong” Professor Ram Punyani, Mumbai “Government seeks any excuse to irritate Muslims. First and foremost Dig Vijay Singh advocated the ban on SIMI who was Congrees Chief Minister in Madhya Pradesh that time. There is no difference between BJP and Congress regarding SIMI. SIMI is a noble organization of Muslim youth and students and ban on it is injustice. The stay on the decision of Justice Geeta Mittal by Supreme Court is an example of fanatic and bias in judiciary. Secular parties should come forward against it” Mohammad Arshad Khan President, National Loktantrik Party “SIMI is a student organization. Blasts are out of their possession. Sons of pigeon have been charged with murder. From the day Israeli agencies have got power in the country, there has been ban on such organization which had been working to improve youth’s characters and behaves. The ban on SIMI is wrong it should be lifted quickly. The youth of SIMI has no such thoughts by which they have been alleged” Khan Mohammad Atif Muslim Majlis U.P “We strongly condemn the ban on SIMI. There can be theoretical differences among us but we are against this hostility on SIMI. The method of ban on SIMI shows fanatic attitude. Unfortunately there are a lot of people in left party who find relief in moving with government. Government should lift this ban because it affects personal freedom badly” Banu Jyotsana Lahri Research Scholar, J.N.U Member of CAC Democratic Students Union “We do not know moe about SIMI but there should be justice with all. If the Government has no evidence against SIMI, it is not right to continue ban. Ninty percent of arrests regardin |
[Message clipped] View entire message
 | SIMI.doc 116K View as HTML Open as a Google document Download |
