SC refuses to entertain plea for AIMIM deregistration

The Supreme Court on Tuesday declined to entertain a plea seeking the de-registration of the All India Majlis-e-Ittehadul Musalimeen (AIMIM), led by Lok Sabha member Asaduddin Owaisi, while permitting the petitioner to withdraw the plea with liberty to file a fresh petition raising broader concerns relating to reforms in the political parties, including their aims and objectives and functioning.

Dismissing the petition challenging AIMIM’s registration under the Representation of the People Act, as withdrawn, a bench comprising Justice Surya Kant and Justice Joymalya Bagchi, in an order said, “Counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a fresh writ petition in which he wishes to raise larger issues — for reforms in respect of political parties on different grounds. Permission granted.”

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Not interfering with the Delhi High Court order that had rejected a petition by one Tirupati Narasimha Murari on the grounds that it was catering to the interests of Muslims only, the bench disagreed with the issues raised by the petitioner seeking the derecognition of AIMIM,

Advocate Vishnu Shankar Jain, appearing for the petitioner, contended that the AIMIM’s constitution promotes the interests of only one religious community — Muslims — which, he argued, is inconsistent with the constitutional requirement for political parties to uphold secularism.

He submitted that such a party structure goes against the spirit of the Constitution and the provisions of the Representation of the People Act.

However, Justice Kant pointed out that the Constitution itself provides explicit protection to religious and linguistic minorities. “A declaration to work for the interests of minorities may not, per se, be objectionable,” the judge remarked during the hearing.

In its 2024 ruling, the Delhi High Court had already upheld AIMIM’s registration, stating that its constitution clearly affirms allegiance to the Constitution of India and fulfills the statutory requirements.

The bench, however, clarified that the petitioner was free to raise systemic issues in a new petition, thereby keeping the door open for broader debate on the internal functioning and accountability of political parties across the spectrum.