SIMI objective of establishing Islamic rule in India can't be permitted: Central government to Supreme Court

The Central government has told the Supreme Court that the Union Home Ministry's ban on the Students Islamic Movement of India (SIMI) should continue since the organization's constitution is in direct conflict with India's democratic, sovereign setup..A counter-affidavit to that effect was filed before the apex court on a petition challenging the ban.The petition was filed by one Humam Ahmad Siddiqui, apparently a former member of the organization, challenging the 2019 notification extending the ban imposed on the organization under the Unlawful Activities (Prevention) Act (UAPA). .The counter filed by the Centre through Advocate Arvind Kumar Sharma firstly questioned the petitioner's locus standi, as he was neither an office bearer nor a member of the organization, and underlined that only office bearers or members can challenge such a notification under Section 4(2) and 4(3) of the Act..According to the Union, the 'constitution' of SIMI intends to not only disrupt the sovereignty and integrity of the country, but also causes disaffection against it and its contents are liable to qualify as offences under Sections 153A (promoting enmity between different groups on grounds of religion, race etc) and 153B (imputations, assertions prejudicial to national integration) of the Indian Penal Code (IPC)..To demonstrate, it reproduced this oath of allegiance for an Ansar (basic member) of SIMI:“I promise that I would work for liberation of humanity and establishment of Islamic system in my country. I will spend my time, resources and capacities in this cause and won’t spare my life if need be." Hence, the Union argued that the petition was not maintainable..Justifying the ban on the organization, the counter said that SIMI aims to mobilize the youth for propagation of Islam and to support 'Jehaad', and 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," it added..The affidavit alleged that SIMI has contacts in Pakistan, Afghanistan, Saudi Arabia, Bangladesh and Nepal, and being an organization for the youth, it is influenced by and used by various fundamentalist Islamic terrorist organizations operating from Jammu & Kashmir..It added that terrorist organizations such as Hizb-ul-Mujahideen and Lashkar-e-Taiba have successfully managed to penetrate into the SIMI cadres to achieve their anti-national goals..Further, it alleged that SIMI has been active in several Indian states and is known to have launched a nation-wide campaign to mobilize the support of Muslims for creating a caliphate."SIMI is against Indian nationalism, and works to replace it with an international Islamic order," it said..The Centre emphasized that despite being banned since September 27, 2001, SIMI continues to operate undercover and its activists are associating, meeting, conspiring, acquiring arms and ammunition, and indulging in activities which are disruptive in character and capable of threatening the sovereignty and territorial integrity of India."They are in regular touch with their associates and masters based in other countries. Their actions are capable of disrupting peace and communal harmony in the country. Their stated objectives are contrary to the laws of our country. Especially their object of establishing Islamic rule in India can, under no circumstances, be permitted to subsist," it stated..The petition is listed before and will be heard by Justice Sanjay Kishan Kaul.