Dynamite News Supreme Court: Mere membership of banned outfit is offence under UAPA; 2011 judgment overturned
Reversing its earlier decision of 2011, SC on Friday affirmed the validity of UAPA provision which attributes criminality even to membership. Read further on Dynamite News:
New Delhi: Reversing its earlier decision that membership of a banned organisation is not an offence as long as the member does not indulge in crimes, the Supreme Court on Friday affirmed the validity of the Unlawful Activities (Prevention) Act (UAPA) provision which attributes criminality even to membership.
A bench of Justices MR Shah, CT Ravikumar and Sanjay Karol upheld the validity of Section 10(a)(i) of the UAPA, which was earlier read down by a division bench of the top court in 2011.
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The two-judge bench of Justices Markandey Katju and Gyan Sudha Mishra in 2011 had ruled that mere membership of a banned organisation will not make a person criminal unless he resorts to violence or incites people to violence.
The apex court on Friday held that holding membership in an association declared unlawful by the Central government is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act (UAPA).
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It said that if a person continues membership in an organisation, even after it is banned, he would be liable to be punished.
The top court allowed petitions of the Centre and the Assam government seeking a review of the apex court's 2011 verdicts on membership of banned outfits. (with ANI inputs)