( 1 ) THE Central Government vide Notification No. S. 0. 960 (E) dated 27. 9. 2001, in exercise of the powers conferred under sub-section (1) of section 3 of the Act, declared Students Islamic Movement of India (hereinafter for short referred to as simi ) to be an unlawful association. Under proviso to sub-section (3) of the Act, the Central Government also declared the said association to be unlawful with immediate effect, as in its opinion the circumstances so warranted. The Central Government by another Notification no. S. 0. 961 (E) dated 8. 10. 2001, under sub-section (1) of Section 5 of the act, constituted this Tribunal, and made the reference under Section 4 (1) of the act for adjudicating whether or not there is sufficient cause for declaring the said association unlawful. The notification was accompanied by a resume of facts and grounds on the basis of which the said notification was issued, as required by Rule 5 of the Unlawful Activities (Prevention) Rules, 1968 (hereinafter referred to as "the rules" ).

( 2 ) ON receipt of reference, notices were issued, calling upon the SIMI to show cause within 30 days from the date of service of notice, as to why it should not be declared unlawful. The notices were directed to be served by ordinary process as well as by publication in the national and local newspapers and by pasting on notice board of the offices of District Magistrates and Tehsildars. SIMI entered appearance through its All India President, Shahid Badar. States of Maharashtra, kerala, Madhya Pradesh, Tamil Nadu, West Bengal, Gujarat, Andhra Pradesh, rafasthan, Uttar Pradesh and Delhi also entered appearance and supported the notification declaring SIMI to be unlawful. For the purpose of reference, Central government was arrayed as the petitioner and SIMI as respondent No. 1 and other States were arrayed as respondents 2 to 11.

( 3 ) PARTIES were directed to file their written statements alongwith the documents on wnich they proposed to rely. Learned counsel for Union of India made the statement that the Background Note and documents filed alongwith the notification be treated, as their statement. SIMI-respondent No. 1 filed the written statement/objections, through its President, to which a rejoinder was filed by the uoi.

( 4 ) THE case set-up by the Central Government in brief is that SIMI came into existence on 25. 4. 1977 in the Aligarh Muslim University as a front organisation of youth and students having faith in Jamait-e-lslami-Hind (JEIH ). It declared itself independent in the year 1993 with the following proclaimed objectives:- 1. Governing of human life on the basis of Quran; 2. Propagation of Islam; 3. Jehaad (religious war) for the cause of Islam; 4. Destruction of Nationalism and establishment of Islamic Rule or Caliphate.

( 5 ) SIMI aims to utilize students and youths in the propagation of Islam religion and mobilise support for Jehaad. It aims at achieving Shariat based Islamic rule through Islamic Inqualab. It does not believe in the nation state, therefore, it also does not believe in the constitution or the secular order. It regards Idol worship as a sin and its holy duty to end such worship. It is stated that SIMI organisation has been indulging in anti-national, militant and objectionable activities and is known to have launched a country-wide campaign since November 1996 to mobilize support for the caliphate (Rule of Islam) for Muslim community. It advocates selfdetermination in jammu and Kashmir and is in close touch with the militant outfits in Jammu and Kashmir, including pro-Pak Hizb-ul-Muzahideen (HUM) and Jammu and Kashmir Liberation Front. The leadership of SIMI also extended full support to punjab extremists-and Jammu and Kashmir insurgents.

( 6 ) FURTHER, it is stated that SIMI Is closely associated with AI-Ummah, All India jehad Committee (AIJC) and Tamil Nadu Muslim Munnetra Kazagham (TMMK) in tamil Nadu and is also involved in various militant activities relating