Appearing for Siddiqui, counsel argued that since September 2001, SIMI had been continuously banned and that important legal questions remained undecided in the pending matters before the Court. “There are 10 other connected matters. This is a continuing issue, and an important question of law arises,” he submitted, seeking that notice be issued and the matter tagged with pending appeals.
However, the Bench was not inclined to entertain the plea. “Why are you here? Let the organisation come,” the Court remarked, questioning how the continuation of the ban impacted the petitioner individually.
Siddiqui’s counsel responded that the government did not recognise SIMI’s dissolution and that he had already participated in the tribunal proceedings as a former member. “I have given up participating now,” he added.
But the Court was unconvinced, repeatedly asking how Siddiqui, in his personal capacity, could claim to be affected by a ban on an organisation that, according to him, no longer exists.
Observing that Siddiqui had no locus standi, the Court dismissed the petition.
The Unlawful Activities (Prevention) Tribunal had upheld the Central Government’s January 2024 notification extending the ban on SIMI under the UAPA. The tribunal subsequently confirmed this five-year extension of the ban on August 7, 2024.
This tribunal was constituted to determine if there was sufficient cause to continue declaring SIMI an outlawed organization. The ban was upheld based on SIMI's alleged involvement in fomenting terrorism, disturbing peace and communal harmony, and its stated objective of establishing Islamic rule in India.
It has been the centre’s position throughout that SIMI has been engaged in terror activities. In fact, much earlier than when the SIMI was banned, it had released a statement in 1996 that India had failed to protect muslims and that it was time to establish a Caliphate.
Case Title: Humam Ahmad Siddiqui v. Union of India