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SC to re-examine verdict on membership of
banned outfits
Monday August 13, 2012 11:49:57 PM,
IANS
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New Delhi: The Supreme
Court Monday said that it would take a relook at its earlier
judgment which said that mere membership of a banned organisation
was not a crime.
The apex court bench of Justice Deepak Verma and Justice Gyan
Sudha Misra agreed to examine the government plea seeking the
recall of its Feb 4, 2011, order holding that mere membership of a
banned organisation was not an offence.
The plea for the recall of the order passed by the apex court
bench of Justice Markandey Katju (since retired) and Justice Gyan
Sudha Misra was made by the Additional Solicitor General Mohan
Parasaran.
The apex court by its order had said that the Section 3(5) of the
now-repealed Terrorist and Disruptive Activities (Prevention) Act
could not be read literally, as it would violate Articles 19 and
21 of the constitution.
"Hence, mere membership of a banned organisation will not make a
person a criminal unless he resorts to violence or incites people
to violence or creates public disorder by violence or incitement
to violence," the court said.
The court said this while setting aside the order passed in a TADA
case March 28, 2007, by the designated court in Guwahati in Assam.
Petitioner Arup Bhuyan was alleged to be a member of the outlawed
United Liberation Front of Asom (ULFA). Bhuyan was convicted under
the TADA which made mere membership of a banned organisation a
criminal act.
While setting aside the TADA court's order, the apex court's Feb
4, 2011 order said: "Even assuming he was a member of the ULFA it
has not been proved that he was an active member and not a mere
passive member."
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