Publishing the order of the UAP Tribunal in the matter of declaration of SIMI as an unlawful association

Okay, I will process the provided OCR text and extract only the English text elements according to your instructions, preserving formatting and representing tables as specified. Here is the extracted English text: 4891 GI/2024 (1) REGD. No. D. L.-33004/99 THE GAZETTE OF INDIA EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2991] NEW DELHI, TUESDAY, AUGUST 6, 2024/ SHRAVANA 15, 1946 CG-DL-E-06082024-256100 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th August, 2024 S.O. 3135(E).— Whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) (hereinafter referred to as the said Act), declared the Students Islamic Movement of India (SIMI) as an unlawful association vide notification of the Government of India in the Ministry of Home Affairs, number S.O. 354(E), dated the 29th January, 2024 (hereinafter referred to as the said notification) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 29th January, 2024; And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 5 read with sub-section (1) of section 4 of the said Act constituted the Unlawful Activities (Prevention) Tribunal (hereinafter referred to as the said Tribunal) consisting of Justice Purushaindra Kumar Kaurav, Judge, High Court of Delhi vide notification of the Government of India in the Ministry of Home Affairs, number S.O. 722(E), dated the 16th February, 2024 published in the Gazette of India , Extraordinary, Part II, Section 3, Sub-section (ii), dated the 16th February, 2024; And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of section 4 of the said Act referred the said notification to the said Tribunal on 26th February, 2024 for the purpose of adjudicating whether or not there was sufficient cause for declaring the Students Islamic Movement of India (SIMI) as an unlawful association; And, whereas, the said Tribunal in exercise of the powers conferred by sub-section (3) of section 4 of the said Act, passed an order on 24th July, 2024, confirming the declaration made in the said notification; Now, therefore, in pursuance of sub-section (4) of section 4 of the said Act, the Central Government hereby publishes the order of the said Tribunal, namely: - UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL HIGH COURT OF DELHI, AT NEW DELHI IN THE MATTER OF: Notification bearing No. S.O. 354(E) dated 29th January, 2024, published in the Gazette of India: Extraordinary, declaring the Students Islamic Movement of India (SIMI) as an unlawful association in exercise of the powers conferred by sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967. AND IN THE MATTER OF: Reference under Section 4(1) of the Unlawful Activities (Prevention) Act, 1967 read with Rule 5 (i) and (ii) of the Unlawful Activities (Prevention) Rules, 1968 made to the Tribunal by the Government of India through Ministry of Home Affairs vide the letter bearing no. 14017/14/2024-NI-MFO dated 26th February, 2024. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV Present: Ms. Aishwarya Bhati, Additional Solicitor General of India with Mr. Amit Prasad, Mr. Sabarish Subramanian, Ms. Poornima Singh, Ms. Manisha Chava, Mr. Uday Khanna, Mr. Padmesh Mishra, Mr. Rajat Nair, Mr. Annirudh Sharma, Mr. Pradeep Gehlot, and Mr. Abhijeet Singh, Advocates for Union of India. Mr. Shiv Mangal Sharma, Addl. Advocate General with Ms. Nidhi Jaswal and Mr. Deepak Verma, Advocates for the State of Rajasthan. Mr. Jay Prakash, Advocate for States of Uttar Pradesh and Maharashtra. Mr. Vishnu Unnikrishnan & Mr. Naman Dwivedi, Advocates for State of Tamil Nadu. Ms. Madhumita Bhattacharya, Advocate for State of West Bengal. Ms. Madhusmita Bora and Mr. Dipankar Singh, Advocates for State of Jharkhand Mr. Nishe Rajen Shonker and Mr. Alim Anvar, Advocate for State of Kerala. Mr. K. A. Anas, Govt Pleader, High Court of Kerala, for State of Kerala. Mr. Vikram Singh, Special Prosecutor for ATS/ADPO, State of Madhya Pradesh. Mr. Brijesh Kumar Sharma, Under Secretary, Ministry of Home Affairs. Mr. Manoj Kumar Singh, Assistant Director, Ministry of Home Affairs. Mr. Sameer Shukla, Assistant Section Officer, Ministry of Home Affairs. In attendance: Mr. Jitendra Pratap Singh, Registrar, Unlawful Activities (Prevention) Tribunal. ORDER I. This order hereinafter answers the reference made to this Tribunal for adjudicating “whether or not there is sufficient cause for declaring the Students Islamic Movement of India (for short ‘SIMI’) an unlawful association under the provisions of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA or the Act).” II. CONSTITUTION OF THE UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL 2.1 The Central Government declared SIMI as an “Unlawful Association” vide the notification bearing No. S.O. 354 (E) dated 29th January, 2024 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii). 2.2 The Central Government constituted this Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring SIMI as an “Unlawful Association”. A Notification bearing No. S.O. 722 (E) dated 16th February, 2024 was published in this regard in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii). III. RELEVANT LEGAL PROVISIONS RELATING TO THE DECLARATION OF AN ASSOCIATION AS UNLAWFUL ASSOCIATION AND REGARDING THE CONSTITUTION OF THE TRIBUNAL 3.1 Section 2(p) of theUnlawful Activities (Prevention) Act, 1967 (also referred to as UAPA or the Act, hereinafter) defines ‘Unlawful Association’ as under:- “2(p). ‘Unlawful Association’ means any association, - (i) Which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) Which has for its object any activity which is punishable under section 153A or section 153B of the Indian Penal Code (45 of 1860); or which encourages or aids person to undertake any such activity or of which the members undertake any such activity: 3.2 Section 2(o) defines ‘Unlawful Activity’ as under:- “2(o). ‘Unlawful Activity’, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representations or otherwise), - (i) Which is intended, or supports any claim, to bring about, on any ground whatsoever, the cessation of a part of territory of India or secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cessation or secession; or (ii) Which disclaims, questions, disrupts or is intended to disrupt the sovereignty or territorial integrity of India, or (iii) Which causes or is intended to cause disaffection against India.” 3.3 Chapter II of the Act deals with the topic of unlawful associations. Section 3 under this Chapter provides for the declaration of an association as unlawful. It reads as follows: “3. Declaration of an association as unlawful.—(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful. (2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary: Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose. (3) No such notification shall have effect until the Tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the Official Gazette: Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the Official Gazette (4) Every such notification shall, in addition to its publication in the Official Gazette, be published in not less than one daily newspaper having circulation in the State in which the principal office, if any, of the association affected is situated, and shall also be served on such association in such manner as the Central Government may think fit and all or any of the following modes may be followed in effecting such service, namely:— (a) by affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or (b) by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or (c) by proclaiming by beat of drum or by means of loudspeakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on; or (d) in such other manner as may be prescribed.” 3.4 Section 4 of the Act provides for the reference of the notification declaring an association as unlawful to Tribunal. It reads as follows: “4. Reference to Tribunal.—(1) Where any association has been declared unlawful by a notification issued under sub-section (1) of section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful. (2) On receipt of a reference under sub-section (1), the Tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful. (3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for such further information