Every member of banned outfit an offender under UAPA: SC

A bench of Justices M R Shah, C T Ravikumar and Sanjay Karol, while deciding a reference made by a two-judge bench, held that mere membership of banned organisation will make a person criminal and liable to be prosecuted under provisions of UAPA

The Supreme Court on Friday held as bad in law its 2011 verdicts that ruled that mere membership of a banned organisation would not make a person criminal unless he resorts to violence or incites people to violence.

A bench of Justices M R Shah, C T Ravikumar and Sanjay Karol, while deciding a reference made by a two-judge bench, held that mere membership of banned organisation will make a person criminal and liable to be prosecuted under provisions of UAPA.

Allowing petitions of the Centre and the Assam government seeking review of the SC’s 2011 verdicts, the bench said the subsequent decisions passed by high courts pursuant to its two-judge verdicts in 2011 on membership of banned outfits are bad in law and overruled.

The SC said the 2011 verdicts were passed while relying on American court decisions, which cannot be done without considering the condition prevailing in India. “In India right to freedom of speech and expressions is not absolute and is subject to reasonable restriction. However, decisions of the American court can be guiding light”, the bench said.

Also Read: Petition Filed In Supreme Court Of India Challenging Recruitment Of Judicial Members For Cental Administrative Tribunal

SC to hear plea on ‘misuse’ of ED, CBI

The Supreme Court will on April 5 hear a plea by 14 opposition parties against arbitrary use of central probe agencies against political opponents. Advocate A M Singhvi said there was a humongous jump in cases filed by CBI and ED pre- and post-2014.

Also, a bench of judges will hear on March 27 pleas challenging the remission to 11 convicts in the Bilkis Bano gang-rape case that also involves the killing of seven of her family members in the 2002 Gujarat riots.

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