New Delhi: The Centre will move the Supreme Court in appeal against the recent Kerala High court verdict acquitting the accused who were convicted by the NIA court for having conducted a meeting of the banned Students' Islamic Movement of India (SIMI) in Panayikkulam in Ernakulam district.
The Centre has received legal advice from the Law Ministry to go in appeal against the HC judgement.
The NIA court verdict had found the accused guilty of having convened a secret meeting of SIMI on 15 August 2006 in Panayikkulam, near Aluva. Shaduli and Abdul Rasik from Eerattupetta, Ansar Nadvi from Kunhunikkara, Aluva, Nizamuddin from Panayikkulam and Shammas from Vadakkekkara, Eerattupetta were the convicted.
In the appeal, the High Court judged the case as framed and acquitted all the five in its judgement on 12 April. The accused have been released from jail since. The High Court also pointed out that there was no sufficient evidence in support of the prosecution contentions to warrant such a sentence.
The accused had pleaded that the meeting organized was a public programme, a seminar held on Independence Day regarding the role of Indian Muslims in India's independence movement, with a public invitation and in an auditorium accessible to the public, and there was no secrecy about it. Since some of the organizers had belonged to the erstwhile SIMI, it was construed as a SIMI meeting, but it could not be established that there was any such motive to reorganize the organization.