IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO (S). OF 2025 (Diary No. (s). 24110 of 2025)

HUMAM AHMAD SIDDIQUI ….PETITIONER(S)

VERSUS UNION OF INDIA & ANR. ….RESPONDENT(S)

O R D E R

1. Permission to file special leave petition is granted.

2. Delay condoned.

3. The present petition has been filed by Humam Ahmad Siddiqui1, purportedly, a former member of Students Islamic Movement of India2 challenging the final order dated 24^th July, 2024, [Digitally signed by] passed by the Signature Not Verified

1 Hereinafter, referred to as “petitioner”.

SONIA BHASIN 2 Hereinafter, referred to as “SIMI”.

Date: 2025.07.30

Reason: 3 Hereinafter, referred to as “impugned order”.

Unlawful Activities (Prevention) Tribunal, [Hereinafter, referred to as “UAP Tribunal”.] presided over by Mr. Justice Purushaindra Kumar Kaurav of the High Court of Delhi, published vide Gazette of India Notification No. S.O. 3135 (E) dated 6th August, 2024. Vide the said impugned order, the UAP Tribunal confirmed the declaration of SIMI as an unlawful association under the Unlawful Activities (Prevention) Act, 1967 made by the Ministry of Home Affairs, [Hereinafter, referred to as “respondent-UOI” or “UOI”.] vide Gazette of India Notification No. S.O. 354 (E) dated 29th January, 2024.

4. Facts in nutshell, relevant and essential for disposal of the special leave petition are noted hereinbelow.

5. SIMI was established on 25^th April, 1977 in Aligarh Muslim University, Aligarh, Uttar Pradesh as a front organization for students and youth, having faith in Jamait-e-Islami-Hind (JEIH) with the objective of ‘achieving God’s pleasure through reconstruction of life in accordance with the guidance given in the Qur’an and the sunnah of prophet Muhammad’. Its membership was open to all Indian citizens below the age of 30 years, irrespective of creed or religion.

6. The stated objectives of the SIMI even at the time of its establishment were as follows:

i. Governing of human life on the basis of Quran;

ii. Propagation of Islam;

iii. “Jehaad” (religious war) for the cause of Islam;

iv. Destruction of Nationalism and establishment of Islamic Rule or Caliphate.

(Emphasis supplied)

7. SIMI has had a chequered history insofar as it has suffered eight bans from 2001 to 2019⁶ under Section 3 of Unlawful Activities (Prevention) Act, 1967, [For short “UAP Act”.]. All the aforesaid notifications passed by the respondent-UOI banning SIMI, have been upheld by the UAP Tribunals constituted under Sections 5(1) read with 4(1) of UAP Act except for the fourth ban issued on 7^th February, 2008, which was quashed by 6 Notifications dated 27th September, 2001; 26th September, 2003; 8th February, 2006; 7th February, 2008; 5th February, 2010; 3rd February,

2012; 1st February, 2014; and 31st January, 2019.

UAP Tribunal presided over by Ms. Justice Geeta Mittal vide final order dated 5th August, 2008. However, the said order passed by UAP Tribunal was stayed by this Court on 6th August, 2008 in an appeal8 preferred by the respondent-UOI and the said stay order continues till date.

8. On 29^th January, 2024, the respondent-UOI in exercise of powers conferred by Section 3 of UAP Act issued Gazette of India Notification No. S.O. 354 (E) declaring SIMI as an ‘unlawful association’ with immediate effect, for a period of five (5) years from the date of the Gazette notification. In the said notification, 28 cases were cited involving members of SIMI for various offences including those punishable under the provisions of the Indian Penal Code, 1860; Unlawful Activities (Prevention) Act, 1967; Arms Act, 1959; Explosive Substances Act, 1908, based on which an opinion was formed that SIMI is indulging in activities which are prejudicial to the integrity and security of India.

9. Thereafter, the respondent-UOI issued Gazette of India Notification No. S.O. 722 (E) dated 16th

8 Civil Appeal No. 6357 of 2022 arising out of SLP(C) No. 19845 of 2008.

February, 2024 under Sections 5(1) read with 4(1) of