SIMI’s objective of establishing Islamic rule in India cannot be permitted, Centre tells SC

The affidavit was filed in response to a petition challenging the 2019 notification extending the ban on the outfit under the Unlawful Activities (Prevention) Act, 1967.

The government pointed out that every new member of SIMI is administered an oath which says that they “would work for liberation of humanity and establishment of Islamic system in my country” and added that its “constitution…not only disclaims, questions, and intends to disrupt the sovereignty and integrity of our country; but, also cause disaffection against India and the Constitution of India”.

Pointing out that “the objective of SIMI as per its own constitution is contrary to the basic fabric of the Indian Constitution”, the affidavit added that “any constitution which prescribes such an oath of allegiance to its members must be seen as in direct conflict with the democratic sovereign setup of India and should not be allowed to be perpetuated in our secular society”.

It said that SIMI, which came into existence on April 25, 1977, at Aligarh Muslim University in Uttar Pradesh, as an organisation of youth and students having faith in the Jamaat-e-Islami-Hind (JEIH), declared itself to be independent in 1993.

The outfit, the government said, “aims to mobilize students/youth in the propagation of Islam and obtain support for Jehaad. The organization also emphasizes on the formation of ‘Shariat’ based Islamic rule through ‘Islami Inqalab’. The organization does not believe in nation-state or in the Indian Constitution including its secular nature. It further regards idol worship as a sin, and propagates its ‘duty’ to end such practices”.

The affidavit further said that SIMI, through its members, has contacts in Pakistan, Afghanistan, Saudi Arabia, Bangladesh and Nepal and “is influenced by and used by various fundamentalist Islamic terrorist organizations operating inter alia from the state of Jammu & Kashmir”. Besides, “terrorist organisations such as Hizb-ul-Mujahideen and Lashkar-e-Toiba have successfully managed to penetrate into the SIMI cadres to achieve their anti-national goals”, the government said.

About its continuing activities, the government said that “since the ban, SIMI is carrying out its activities under the garb of cover organizations in several states of the country. Many SIMI cadres have regrouped under several names including ‘Wahadat-e-Islami’ in Tamil Nadu; ‘Indian Mujahideen’ in Rajasthan, Karnataka, Gujarat, Andhra Pradesh and Delhi; ‘Ansarullah’ in Karnataka; ‘Muslim Muttahida Mihad’ in Uttar Pradesh; ‘Wahadat-e-Ummat’ in Madhya Pradesh; and ‘Nagarik Adhikar Suraksha Manch’ in West Bengal.”

The home ministry pointed out that “one ‘Karuna Foundation’ in Kerala, in fact, was used by ex-SIMI members to counter threats against Islam. One other organization by the name ‘Amanat Foundation’ also showed pro-SIMI leanings”.

It added that “at all India level SIMI has been regrouped under various names including ‘Tahreek-e-Ehyaa-e-Ummat,’ a movement for the revival of the Community, ‘Tehreek-Talaba-e-Arabia;’ ‘Tehrik Tahaffuz-e-Sha’aire Islam’ etc. Besides…there are over three dozen other front organizations through which SIMI is being continued. These front organisations help SIMI in various activities including collection of funds, circulation of literature, regrouping of cadres, etc”.

The government also said that the outfit continued to receive funds from inside and outside the country. The funding from within the country was by way of “Jhakat/donation and funds from members/ ex-members and sympathizers and…by robberies and dacoities”.

The affidavit pointed out that “though the literal meaning of Jhakat is religious tax, however from the evidence of witnesses it is revealed that monies were being collected as donations for which donation slips were issued and they were being utilized for funding the unlawful activities of members, activists, sympathizers of SIMI and to carry out its aims and objectives”.

“Therefore, the evidence adduced before this Tribunal and the material placed on record, it is evident that the activities of SIMI are continuing through its members/activists/sympathizers, wherein they are expanding the cadres by indoctrinating young boys and that its cadre is being used by other terrorist organizations to continue unlawful/terrorist activities in India. Some of the members/activists of SIMI are working under the umbrella of frontal organisation and/or are having links with number of other terrorist organizations e.g. Al-Qaeda, LET, JEM, ISIS, IM etc”, the government added.