BOOM

Trending Searches

    SUPPORT
    BOOM

    Trending News

      • Fact Check 
        • Fast Check
        • Politics
        • Business
        • Entertainment
        • Social
        • Sports
        • World
      • Law
      • Explainers
      • News 
        • All News
      • Decode 
        • Impact
        • Scamcheck
        • Life
        • Voices
      • Media Buddhi 
        • Digital Buddhi
        • Senior Citizens
        • Videos
      • Web Stories
      • BOOM Research
      • BOOM Labs
      • Deepfake Tracker
      • Videos 
        • Facts Neeti
      • Home-icon
        Home
      • About Us-icon
        About Us
      • Authors-icon
        Authors
      • Team-icon
        Team
      • Careers-icon
        Careers
      • Internship-icon
        Internship
      • Contact Us-icon
        Contact Us
      • Methodology-icon
        Methodology
      • Correction Policy-icon
        Correction Policy
      • Non-Partnership Policy-icon
        Non-Partnership Policy
      • Cookie Policy-icon
        Cookie Policy
      • Grievance Redressal-icon
        Grievance Redressal
      • Republishing Guidelines-icon
        Republishing Guidelines
      • Fact Check-icon
        Fact Check
        Fast Check
        Politics
        Business
        Entertainment
        Social
        Sports
        World
      • Law-icon
        Law
      • Explainers-icon
        Explainers
      • News-icon
        News
        All News
      • Decode-icon
        Decode
        Impact
        Scamcheck
        Life
        Voices
      • Media Buddhi-icon
        Media Buddhi
        Digital Buddhi
        Senior Citizens
        Videos
      • Web Stories-icon
        Web Stories
      • BOOM Research-icon
        BOOM Research
      • BOOM Labs-icon
        BOOM Labs
      • Deepfake Tracker-icon
        Deepfake Tracker
      • Videos-icon
        Videos
        Facts Neeti
      Trending Tags
      TRENDING
      • #Operation Sindoor
      • #Pahalgam Terror Attack
      • #Narendra Modi
      • #Rahul Gandhi
      • #Waqf Amendment Bill
      • #Arvind Kejriwal
      • #Deepfake
      • #Artificial Intelligence
      • Home
      • Law
      • Mere Membership Of An Unlawful...
      Law

      Mere Membership Of An Unlawful Organisation Is A Crime Under UAPA: SC

      Supreme Court today reversed its 2011 Arup Bhuyan judgment saying it was bad in law.

      By - Ritika Jain |
      Published -  24 March 2023 1:28 PM IST
    • Boomlive
      Mere Membership Of An Unlawful Organisation Is A Crime Under UAPA: SC

      In a significant order, the Supreme Court said mere membership of an organisation declared unlawful by the Centre is a crime under Unlawful Activities (Prevention) Act, 1967 establishing the provision which persecutes one for guilt by association.

      The verdict by Justice MR Shah-led bench is a reversal of the top court's 12-year-old judgment which held that mere membership was insufficient grounds for an offence. The aim of UAPA is to prevent certain unlawful activities and prevent the same... UAPA is to punish the person who is a member of an unlawful organization…Thus, Section 10(a)(i) is absolutely in consonance with Articles 19(1)(a) and 19(2) of the Constitution and thus in consonance with the objectives of the UAPA,” the Bench held.

      When an association is declared unlawful, a person who is and continues to be a member of that association is liable to punishment, the Supreme Court said.

      All high court decisions taking a contrary view are overruled, the bench led by Justice MR Shah said while upholding the constitutional validity of Section 10(a)(i) of the UAPA.

      The top court in 2011 had held, “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”. Arup Bhuyan and Indra Das had been acquitted on these grounds.

      Solicitor General Tushar Mehta called today's judgement "historic", however, critics argue that the verdict in 2011 Arup Bhuyan case was one of the only “checks against executive abuse of the UAPA”. Today, the SC has removed that check,” advocate Gautam Bhatia tweeted.

      The UAPA was introduced to provide an effective way to safeguard India from unlawful activities or terror acts. Now, UAPA is increasingly being used as a tool to suppress free speech and off-late critics have called the anti-terror legislation "oppressive", "overbroad and vague", "draconian and not based on logic".

      Also Read:Is It Illegal To Cheer For A Rival Cricket Team? We Asked Legal Experts

      2011 Arup Bhuyan verdict “bad in law”

      The Justice Shah-led bench said the 2011 judgments delivered by Justices Markandey Katju and Gyan Sudha Mishra were “bad in law”. The 2011 verdicts reading down the law were passed in bail applications where the constitutionality of the section was not challenged. The court said the Centre should have been heard and given the chance to present its views.

      “Enormous harm would be caused to State if they are not heard...and Centre should have made submissions to justify 10(1)(i)…its objects and purposes...in view of the above, Section 10(a)(i) should not have read down by this Court, especially when the constitutional validity of the Section was not in question,” the court said.

      The court said reading down a provision was not permissible if the language was plain and clear. “In view of the above, Section 10(a)(i) should not have read down by this court especially when the constitutional validity of the section was not in question,” Justice Shah said. “When a Parliamentary legislation is read down in the absence of the Union, enormous harm would be caused to State if they are not heard,” the bench added.

      The top court today further pointed out that several judgments have upheld the constitutional validity of UAPA and Terrorist and Disruptive Activities (Prevention) Act (TADA).

      Also Read:PFI Ban: What Is An

      Cannot rely on US court decisions for Indian context

      Justice Shah’s bench said 12 years ago the top court made a mistake by relying on judgments passed by the Supreme Court of the United States of America (SCOTUS) and the American Bill of Rights because unlike in the US, in India the right to free speech and association comes is subject to reasonable restrictions.

      “We do not say for a moment that US Supreme Court decisions may not guide us. But Indian courts are required to consider the difference in nature of laws between two countries, the bench said.

      “Section 10(a)(i) [UAPA] is absolutely in consonance with 19(1)(a) and 19(2) of the Constitution (fundamental right to free speech) and thus in consonance with the objectives of the UAPA,” Justice Shah said while reading out the operative part of the judgment.

      “This Court in Arup Bhuyan and Raneef referred to US cases without relying on Indian case and differences...Thus, this Court followed US decisions which we are not agreeable with, the bench added. “We do not say for a moment that the United States Supreme Court decisions may not guide us...But Indian courts are required to consider differences in the nature of laws between two countries,” it said.

      Tags

      UAPA Act
      Read Full Article
      Next Story
      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker. Please reload after ad blocker is disabled.
      X

      Subscribe to BOOM Newsletters

      👉 No spam, no paywall — but verified insights.

      Please enter a Email Address
      Subscribe for free!

      Stay Ahead of Misinformation!

      Please enter a Email Address
      Subscribe Now🛡️ 100% Privacy Protected | No Spam, Just Facts
      By subscribing, you agree with the Terms & conditions and Privacy Policy connected to the offer

      Thank you for subscribing!

      You’re now part of the BOOM community.

      Or, Subscribe to receive latest news via email
      Subscribed Successfully...
      Copy HTMLHTML is copied!
      There's no data to copy!