Home Ministry delegates powers to states, UTs to take action against SIMI under UAPA

New Delhi [India], February 5 : The Ministry of Home Affairs (MHA) on Monday allocated powers to all the states and the Union Territory (UT) administrations to take action against the banned Students Islamic Movement of India (SIMI) outfit under the Unlawful Activities (Prevention) Act.
The move comes almost seven days after the Ministry renewed the ban on the SIMI as an 'unlawful association' under UAPA for five more years.
In the order, the MHA directed that all powers exercisable by it under sections 7 and 8 of the UAPA shall also be exercised by the state governments and the UT administration in relation to the two banned organisations.
"Whereas, in exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government declared the Students Islamic Movement of India (SIMI), to be an unlawful association vide notification number S.O. 354(E), dated the 29th January 2024, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), dated the 29th January, 2024;
"Now, therefore, in exercise of the powers conferred by section 42 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby directs that all powers exercisable by it under section 7 and section 8 of the said Act shall also be exercised by the State Governments and the Union territory administrations in relation to the above said unlawful association," the order mentions.
The MHA extended the ban on SIMI on January 29 for another five years as an 'unlawful association' UAPA.
Earlier, the Ministry had declared the SIMI an unlawful association on September 27, 2001, and it later kept on extending the ban on September 26, 2003, February 8, 2006, February 7, 2008, February 5, 2010, February 3, 2012, February 1, 2014, and January 31, 2019.
The fresh action came considering that the SIMI is "continuing to be involved in fomenting terrorism and disturbing peace and communal harmony in the country which are prejudicial to the sovereignty, security, and integrity of India."
Many criminal cases have been registered against SIMI and its members under various sections of law, including the UAPA.
Soon after the extension of the ban on SIMI, Union Home Minister Amit Shah said that the move was part of Prime Minister Narendra Modi government's 'zero tolerance' policy.
As per the then notification, SIMI had been indulging in activities which were "prejudicial to the security of the country and have the potential of disturbing peace and communal harmony and disrupting the secular fabric of the country."
It further connected SIMI's role in several cases including a case registered by the National Investigation Agency (NIA) against
Athar Parvej and Mohd Jalaluddin of Phulawari Sharif, Patna relating to conspiracy of disrupting the visit of Prime Minister in July 2022.
The notification further pointed that "if the unlawful activities of the SIMI are not curbed and controlled immediately, it will take the opportunity to continue its subversive activities and re-organise its activists who are still absconding; disrupt the secular fabric of the country by polluting the minds of the people by creating communal disharmony; propagate anti-national sentiments; escalate secessionism by supporting militancy; and undertake activities which are prejudicial to the integrity and security of the country.
Andhra Pradesh, Gujarat, Jharkhand, Kerala, Maharashtra, Madhya Pradesh, Rajasthan, Tamil Nadu, Telangana, Uttar Pradesh have already recommended for declaration of SIMI as an
'unlawful association' under the provisions of the UAPA.