Embarrassed Home Ministry to challenge SIMI order in SC

New Delhi, Aug 6 (PTI) Embarrassed by the lifting of ban
on SIMI by a special tribunal for lack of evidence, the Union
Home Ministry Wednesday said it would challenge the order in
the Supreme Court if necessary.

"If needed, the government will challenge in Supreme
Court the order of the Special Tribunal," Minister of State
for Home Sriprakash Jaiswal told reporters here.

The Ministry is studying the order and eliciting views of
legal experts and a decision will be taken on the basis of
their advice, he said, adding that prima facie it appeared
that the objection was on technical grounds.

Jaiswal did not subscribe to the view that the tribunal
order lifting the ban imposed by the Centre on the activities
of the Students Islamic Movement of India was a setback to
Home Ministry.

"I don't think so," was his reply when asked if the
order was a setback to the ministry at a time when there is
speculation of SIMI's role in the serial blasts in Ahmedabad
and Bangalore.

The specially-designated tribunal headed by Justice Geeta
Mittal of the Delhi High Court had Tuesday noted in its
order that there was no fresh evidence to justify the
extension of the ban first imposed in 2001.

On B.J.P. blaming the "incompetence" of the Central
government for the revocation of the ban on S.I.M.I., Jaiswal
said one should not expect anything else from the saffron
party.

In the order, the judge held that the Centre had given no
new evidence against the S.I.M.I. to warrant the extension of
the ban and asked the Centre to justify the measure.

The order came at a time when the Home Ministry is facing
flak over its handling of the internal security situation.

According to the judge, the government only came out with
the evidence of Malegaon blast in Maharashtra in 2006 to show
the complicity of the organisation in unlawful activities
which was not sufficient to come out with the notification to
ban it.

The government, however, maintains that the outfit is
still an unlawful association.

The ban was first imposed on the S.I.M.I. in 2001 under
the Unlawful Activities (Prevention) Act and since then it has
been extended after every two years.

The last notification on the ban, which was challenged in
the tribunal, was issued by the Home Ministry on February
seven this year and was supposed to be in force till 2010.

The tribunal during the hearing had asked the government
to bring new facts to justify its decision.

The S.I.M.I. had challenged the notification issued by
the government contending that there was no fresh evidence
against it and the ban cannot be continued on the basis of
previous evidence.

During the proceedings the tribunal had expressed its
dissatisfaction with the notification saying that there were
no fresh facts given by the government for extending the ban
on the S.I.M.I.