STUDENTS ISLAMIC MOVEMENT OF INDIA Vs. SECRETARY HOME

JUDGEMENT

(1.) The Petitioner, Students Islamic Movement of India ('SIMI'), is by this petition filed through its erstwhile President Mr. Shahi Badr Falahi, seeking a direction to the Delhi Police to de-seal its premises at H. No. 151 C Gali No. 9, Zakir Nagar, Okhla, New Delhi.

(2.) The petitioner was by a Notification dated 27th September 2001 issued by the central government under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967 ('UAPA') declared to be an unlawful association. This declaration was confirmed by the Unlawful Activities Prevention Tribunal ('Tribunal') by an order dated 26th March 2002 which was published in the gazette dated 8th April 2002. The declaration was for a period of two years i.e. up to 26th September 2003. By a subsequent Notification dated 26th September 2003 under Section 3 UAPA the petitioner was declared to be an unlawful association. This was confirmed by a Tribunal by an order on 23rd March 2004. Thereafter, on 8th February 2006 a fresh Notification was issued by the Central Government under Section 3(1) UAPA declaring the Petitioner to be an unlawful association. That Notification was confirmed by yet another Tribunal by an order dated 7th August 2006. The current status is that the petitioner continues to be declared by the central government to be an unlawful association.

(3.) In terms of Section 19 UAPA (prior to the amendment in 2002), the central government could delegate its powers to the State Government which in turn could authorise any person working under it to exercise the powers under the UAPA. (After the amendment in 2002 the corresponding provision is Section 42 UAPA) By a Notification dated 10th December 1992, the Central Government delegated the powers under the UAPA to the State Governments and the Administrations of the Union Territories. Consequent to the above Notification on the same date i.e. 10th December 1992, the Government of National Capital Territory of Delhi ('GNCTD') passed an order authorising the Commissioner of Police, Delhi to exercise powers under Sections 7 and 8 UAPA.