Published on: 05 September 2023 at 13:27 IST
Court: Supreme Court of India
Citation: Arup Bhuyan V. State of Assam (2023)
Honourable Supreme Court of India has held that if a person knowing full well that an association of which he / she is the member is declared as unlawful association due to its unlawful activities and acting against the interests of sovereignty and integrity of India and still he / she continues to be a member of such unlawful association thereafter such person has deemed to have committed an offence under Unlawful Activities (Prevention) Act, 1967 with the conscious and continued membership of such unlawful association with banned organization.
97. At this stage it is required to be noted that as per Section 10(a)(i) a person cannot be punished merely because he was the member of such unlawful association. The language including Section 10 is very significant. It provides that “wherein an association is declared unlawful” by notification under Section 3 which has become effective under sub-Section 3 of that Section. So, it is only after the Notification under Section 3 has become effective under subsection 3, that the latter part of that Section applies.
The language of Section 10(a)(i) is also very cautiously worded “who is and continues to be a member of such association”. Therefore, on true interpretation, if a person has been a member but does not continue to be a member after declaration, that does not attract mischief of Section 10. The intention seems to be that not only was he a member on the day when the association is declared unlawful but he continues to be a member. The intention is very clear that not only on the given date but even after that you continue to be a member of that association which is declared as unlawful association due to unlawful activities which is found to be against the interests of sovereignty and integrity of India.
Therefore, once an association is declared unlawful of whom the concerned person was the member wishes to continue as a member despite the fact that he is well aware of the fact that such an association is declared unlawful and if he still wishes to continue being a part of such unlawful association it shows a conscious decision on his part and therefore liable to be penalized for such an act of continuation of his membership with such unlawful association. Therefore, thereafter he may not make grievance of chilling effect.
Drafted By Abhijit Mishra
