ID :
24333
Tue, 10/14/2008 - 14:51
Auther :
Shortlink :
http://m.oananews.org//node/24333
The shortlink copeid
SC refers SIMI ban issue to larger bench
New Delhi, Oct 13 (PTI) A matter related to ban on the Students Islamic Movement of India (S.I.M.I.) was Monday referred by the Supreme Court to a larger bench.
The ban on S.I.M.I. was in August lifted by a special
tribunal whose order was subsequently stayed by the apex
court.
The reference was made by a two-judge bench of
Justices S.B. Sinha and Cyriac Joseph in view of the fact that
a larger bench of three judges of the apex court was already
hearing the ban imposed on the S.I.M.I. by the Government in
2001.
The tribunal headed by Delhi High Court judge Justice
Geeta Mittal on August 5 had lifted the ban on S.I.M.I. saying
no new evidence was placed against the organisation to justify
the ban.
However, a day later, an apex court bench headed by
Chief Justice K.G. Balakrishnan stayed the tribunal's order
and issued notice to S.I.M.I. while asking the Centre to place
before it all documents pertaining to the justification of the
ban.
The apex court's stay was opposed by Dr Shahid Badr,
who was the President of the outfit till September 27, 2001
when the Centre had come out with its first notification to
declare it as an proscribed organisation.
The Centre had been extending the ban every two years
since 2001 on the ground that S.I.M.I. was continuing with its
anti-national activities and Badr had earlier challenged the
original ban before the apex court.
Justifying the ban, the Centre had told the Supreme Court
that S.I.M.I. was involved in subversive and anti-national
activities including the recent blasts in Ahmedabad.
The Govt said the tribunal failed to appreciate the
'background note', 'cabinet note' and 'intelligence reports'
before arriving at its decision to lift the ban on the
organisation.
The argument was opposed by Badr's counsel Jaiswal who
said the tribunal had gone into all these three aspects and
was of the view that the averments in them were not supported
by evidence and deposition of the government witnesses.
She said the background note of the Centre's February 7,
2008 notification extending the ban on S.I.M.I. till 2010,
which was placed before the Tribunal in sealed cover, spoke
about nine cases involving its members who were already
acquitted after facing trial in the courts.
However, the apex court had observed "the background
note can be a general statement while issuing the
notification. The background note is only a synopsis which
could be substantiated in future."
The Centre had complained to the apex court that it
had given details about S.I.M.I.'s alleged involvement in the
July 2006 Mumbai train serial blasts to justify the ban, but
the same was ignored by the tribunal.
According to the Centre, the tribunal set up under the
Unlawful Activities (prevention) Act, in its 263-page order
has not pressed anything on the merits of the case even when
the government has provided Intelligence Bureau reports
pointing towards members of S.I.M.I. indulging in terrorist
activities. PTI RB
RKM
NNNN
The ban on S.I.M.I. was in August lifted by a special
tribunal whose order was subsequently stayed by the apex
court.
The reference was made by a two-judge bench of
Justices S.B. Sinha and Cyriac Joseph in view of the fact that
a larger bench of three judges of the apex court was already
hearing the ban imposed on the S.I.M.I. by the Government in
2001.
The tribunal headed by Delhi High Court judge Justice
Geeta Mittal on August 5 had lifted the ban on S.I.M.I. saying
no new evidence was placed against the organisation to justify
the ban.
However, a day later, an apex court bench headed by
Chief Justice K.G. Balakrishnan stayed the tribunal's order
and issued notice to S.I.M.I. while asking the Centre to place
before it all documents pertaining to the justification of the
ban.
The apex court's stay was opposed by Dr Shahid Badr,
who was the President of the outfit till September 27, 2001
when the Centre had come out with its first notification to
declare it as an proscribed organisation.
The Centre had been extending the ban every two years
since 2001 on the ground that S.I.M.I. was continuing with its
anti-national activities and Badr had earlier challenged the
original ban before the apex court.
Justifying the ban, the Centre had told the Supreme Court
that S.I.M.I. was involved in subversive and anti-national
activities including the recent blasts in Ahmedabad.
The Govt said the tribunal failed to appreciate the
'background note', 'cabinet note' and 'intelligence reports'
before arriving at its decision to lift the ban on the
organisation.
The argument was opposed by Badr's counsel Jaiswal who
said the tribunal had gone into all these three aspects and
was of the view that the averments in them were not supported
by evidence and deposition of the government witnesses.
She said the background note of the Centre's February 7,
2008 notification extending the ban on S.I.M.I. till 2010,
which was placed before the Tribunal in sealed cover, spoke
about nine cases involving its members who were already
acquitted after facing trial in the courts.
However, the apex court had observed "the background
note can be a general statement while issuing the
notification. The background note is only a synopsis which
could be substantiated in future."
The Centre had complained to the apex court that it
had given details about S.I.M.I.'s alleged involvement in the
July 2006 Mumbai train serial blasts to justify the ban, but
the same was ignored by the tribunal.
According to the Centre, the tribunal set up under the
Unlawful Activities (prevention) Act, in its 263-page order
has not pressed anything on the merits of the case even when
the government has provided Intelligence Bureau reports
pointing towards members of S.I.M.I. indulging in terrorist
activities. PTI RB
RKM
NNNN
