ORDER

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 Section19 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.

4. Simultaneous with the issuance on 27th September 2001 of the notification declaring the petitioner to be an unlawful association, the central government passed the following order:

"ORDER

Subject: Declaration of the Students Islamic Movement of India as an "unlawful association" under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967-Notification issued by the Central Government under Section 19, directing that all powers which may be exercised by the Central Government under sections 7 and 8, shall be exercised also by any State Government/Union Territory Administration.

Whereas, the Central Government, in exercise of powers conferred by Section 3(1) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) have declared the Students Islamic Movement of India as an unlawful association;

And whereas, in exercise of the powers conferred by Section 19 of the said Act, the Central Government have directed that all the States and Union Territory Administrations shall exercise the powers exercisable by the Central Government under Sections 7 and 8 of the said Act;

And whereas, it has been considered necessary that the powers directed to be exercised by all the State Governments as above, may be exercised by any person subordinate to the State Governments;

Now therefore, the approval of the Central Government is hereby conveyed that the State Government may, by, order in writing, direct that any power which has been directed to be exercised by it, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by the Commissioners of Police, District Magistrates/Deputy Commissioners of Districts under the State Government.

By order and on behalf of the Government of India

(B.K. Haider)

Joint Secretary to the Government of India"

(emphasis supplied)

5. Purportedly acting pursuant the above authorisation, the Commissi