Objectives of SIMI against basic fabric – Centre

Objectives of SIMI against basic fabric – Centre

Subject : Governance

Section : Acts

Concept :

• A petition seeking quashing of the July 2019 ban on SIMI as an unlawful association under the Unlawful Activities (Prevention) Act, 1967 came up before a division bench of the Supreme Court on January 18, 2023.
• The Students Islamic Movement of India (SIMI) is mobilizing Muslim support to create a ‘Khilafat’, it wants to replace Indian nationalism with an “international Islamic order” and considers idol worship a “sin”, the Home Ministry earlier The Supreme Court has listed the purposes for organization ban.

Unlawful Activities (Prevention) Act, 1967

• UAPA was passed in 1967. It aims at effective prevention of unlawful activities associations in India.
• Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has death penalty and life imprisonment as highest punishments.
• Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
• The 2004 amendment, added “terrorist act” to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned.
• Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.
• In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.
• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.