Ban on SIMI – Why and for How Long?
Abu Zafar Adil Azmi
(Spl Correspondent Afkar-e-Milli
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
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
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 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
AcquittedSIMIperson in deferent States
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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.
The greatest hue and cry was made in
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. ShahidBadrFalahi, 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 inIllegal 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 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
registered cases against five persons. Surprisingly enough, this seminar was being held in theheartofthecityinanauditoriumwithaseatingcapacityoffivehundred. 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 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 reporter 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 a night before. When his wife filed Habeas Corpus in
When on 05 August 2008 Justice Geeta Mittal quashed the ban, the SIMI (mis) took it as a bright sunlight. But the euphoria was very short-lived. This reprieve was again over-shadowed by dark clouds. The very next day a two-member bench of Supreme Court stayed the Justice Geeta Mittal order. The former counsel of SIMI Mobeen Akhter expressed his dismay over the fact that the Supreme Court granted stay only on an oral petition by the central government and no written request was made and no affidavit was filed by it. Although, earlier the three-member Bench of the Supreme Court had observed that without any written plea no stay can be granted. Before granting the stay the Supreme Court did not even bother to listen to the stand of the second party (SIMI). The former President of SIMI Shahid Badr terms it as a ‘Murder of Justice’ whereas a renowned Supreme Court lawyer Prashant Bhushan describes it as a ‘Wrong Attitude’ of the Supreme Court. Advocate Mobeen Akhter believes that unless and until the judges are free from political pressures, the politicians would continue to take (mis) advantage of such cases. Mobeen Akhter told that the Court had repeatedly asked the government to present the list of the SIMI members
Interview: Dr. Zafarul IslamKhan, President All India Muslim Majlis-e-Mushawarat & . Editor: The Milli Gazette Question: what is your Stand regarding ban on SIMI. Answer: The ban on SIMI is not right. Thousands of youth have been arrested till now on the charges of baseless allegations. But Government has failed to prove it usually. Question: What is the fact of allegations against SIMI? Answer: SIMI has been charged for delivering lectures, posting posters and making statements. In our country it is not a crime but a democratic right. No one could be deprived of it. SIMI has been alleged to be involved in terrorism activities. We believe that if some is a culprit, he should be punished and whole organization should not be targeted. We sent our representative after the arrest of Safdar Naghori in Madhya Pradesh for investigation. People of the village which was claimed by police forces as their training centre told to our representative that before some days police themselves have planted bombs there. . Question: Then Why all these are happening? Answer: It is a part of long conspiracy and it is bound to implicate Muslim Youths in false allegations for the purpose of preventing the entire Nation from development. In this conspiracy Government, IB, Home Ministry and Media all are involved. They found SIMI a vulnerable organization. The youth of SIMI disassociated themselves from the nation because of their carelessness and Government found a chance and targeted it. Question: Last year Justice Geeta Mittal quashed the ban. But the next day Supreme Court issued a stay order on it? Answer: Government is influencing judiciary badly. It seeks judges of own likening and there are some corrupt judges among them whom it uses for own interests. Question: Congress has a secular impact in society even though why all these are happening? Answer: Whatever Government were in power, the policy remains same. Congress is not willing to go against the hatred that has been brought up by BJP in society. There is no reason to remain the ban after being quashed by tribunal. Congress should apologize to whole nation. Question: Why national leadership does not come forward against this atrocity? Answer: It is not true to say this. Mushawarat has kept raising the issue of SIMI. We have passed a resolution in this regard and demanded the government to lift the ban and after that another organizations have also started raising their voices. |
but the Public Prosecutor had said that the government does not want to do so. Mobeen Akhter says that had that happened then it would have been difficult for the police to frame innocent people who were not even aware of SIMI. However, it is conspicuous that the intentions of the government with regards to Muslim youths are not clear. Which is why even if there is firecrackerSIMI is being blamed?
When in the year 2001 SIMI was banned for the first, the Congress also targeted the NDA government. But when it came to power, it over-stepped all of the limit of decency. Nonetheless, the Chief of Anti-Communal Forum (a Forum formed by the Congress government) Amresh Mishra firmly holds the view that ban is absolutely illegal. He also agreed that the Congress is infested with communal elements. The Minister of State for Minorities Affairs in the new UPA government Salman Khursheed had been a Counsel for SIMI. Recently, speaking at a public programme organized by a Social Organization, he acceded that he argued in the Court against the ban on SIMI and that he personally does not consider this stand of (Congress) Party as correct.
Tehelka’s Editor-in-Large Ajit Sahi is perturbed at the question of court and law as regards SIMI. He (dejectedly) advises that now to expect justice from the courts is an absolute folly. He emphasizes for justice for both Hindus and Muslims. He prophesizes that if the justice is not done then, this country would wobble into pieces. Besides, the police and judiciary, the fourth estate i.e. media is also not far away. The catastrophe is that there is a new trend in the modern media that even before the accused is proved guilt s/he is being branded as a dreaded criminal by the modern media. The fact of the matter is that the media has played a key role in creating hype against the SIMI and presenting it as a terrorist organization. It is against the democratic principles to first shut it mouth by clamping a ban any organization and then make an onslaught of a slew of baseless allegations against it. Advocate Mobeen Akhter maintains that the pace at which the hearings are taking place, it would take at least ten years to finalize the case pertaining to ban. Till then, would there be any SIMI member below thirty?
(The article was originally published in the November 2009 issue of Urdu monthly Afkar-e-Milli)
