W.P. (Civil) No. 6030 of 2007 page 1 of 15

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) No. 6030 of 2007

STUDENTS ISLAMIC MOVEMENT OF INDIA ..... Petitioner

Through: Mr. Trideep Pais with

Ms. Bijoylaakshmi Das and

Mr. Mobin Akhtar, Advocates.

versus

THE SECRETARY HOME & ORS.

..... Respondents

Through: Mr. A.S.Chandhiok, ASG with

Mr. Sachin Datta and

Mr. Sanjay Katyal, Advocates for R-1 & R-2.

Mr. Saleeem Ahmed, Advocate

for R-3 & R-4.

CORAM: JUSTICE S. MURALIDHAR

1. Whether Reporters of local papers may be

allowed to see the order?

No

2. To be referred to the Reporter or not?

Yes

3. Whether the order should be reported

Yes

in Digest?

O R D E R

12.03.2010

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 27^th 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 26^th

March 2002 which was published in the gazette dated 8^th April 2002.

2010:DHC:1469

W.P. (Civil) No. 6030 of 2007 page 2 of 15

The declaration was for a period of two years i.e. up to 26^th September

2003. By a subsequent Notification dated 26^th 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 23^rd

March 2004. Thereafter, on 8^th 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 7^th 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

10^th 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. 10^th 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 27^th September 2001 of the

2010:DHC:1469

W.P. (Civil) No. 6030 of 2007 page 3 of 15

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.

Whe