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A view of the Supreme Court of India, in New Delhi
| Photo Credit: Sushil Kumar Verma
A three-judge Bench of the Supreme Court, on March 24, 2023, clarified that ‘mere membership’ of a banned organisation will make a person criminally liable under Unlawful Activities Prevention Act.
The Bench led by Justice M.R. Shah was deciding a 2014 reference on the question regarding the reading down of Section 10(a)(i) of the UAPA earlier by three judgments of the Supreme Court.
The court held that a person who continues to be a member of a banned organisation despite knowing it to be unlawful deserves to be liable. There is no “chilling effect” on the fundamental right of such a person.
The court said that the earlier judgments were made on the basis of American laws. The Centre was not heard despite the huge ramifications involved.
Solicitor General Tushar Mehra, in a submission after the pronouncement of the judgment, thanked the court for the huge relief given to the cause of protection of the sovereignty and integrity of the nation.
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