Court : Andhra Pradesh
Reported in : 2001(2)ALD(Cri)373; 2001(4)ALT674; 2002CriLJ710
..... and the order is published in the official gazette:provided that if the central government is of opinion that circumstances exist which render it necessary for that government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the ..... such cession or secession;(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of india; (g) 'unlawful association' means any association---(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or(ii) which has for its object any activity which is punishable under section ..... the central government is also of the opinion that having regard to the activities of deendar anjuman as mentioned above, it is necessary to declare it as an unlawful association with immediate effect, and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of section 3, the central government hereby directs that ..... or members, and to hold an enquiry as specified in section 9 of the act to adjudicate the issue as to whether there is sufficient cause or not for declaring the association to be unlawful and make such order as it deems fit either confirming the declaration made in the notification or cancelling the same. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All258
..... interference was authorised by putting obligatory conditions; one regarding the formation of the opinion that the circumstances exist rendering it necessary to declare the association to be unlawful with immediate effect and the other regarding stating of the reasons in the order directing the notification to have effect from the date of publication of the ..... discretion is given to the central government for directing the notification to have effect afterit has formed opinion regarding existence of circumstances rendering it necessary to declare the association unlawful with immediate effect but since discretionary powers to be exercised not arbitrarily or for an unauthorised purpose, the legislature has regulated it by rendering with the mandatory condition, ..... to the effect, 'that the central government is of the opinion that the circumstances exist rendering it necessary for the government to declare the rashtriya swayam sewak sangh as unlawful association with immediate effect' is not necessary in the impeached notification, which not to render the later part of the notification either defective, non-operative, or non est; ..... under the proviso no opinion is formed by the central government regarding existence of emergency circumstances rendering it necessary for the government for declaring an association unlawful with immediate effect despite the legislative mandate under the main enactment of the sub-section (3).learned counsel for the central government, on being called upon .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT147; 2002(63)DRJ563
..... for simi next argued that government could not claim privilege in public interest and withhold inputs received from its agencies, while declaring simi as an unlawful association and that no privilege could be claimed under section 123 read with section 162 of the evidence act in respect of such documents. ..... -simi argued that for the purpose of adjudicating whether or not there is sufficient cause for declaring simi as unlawful, the material collected by the central government after issuance of the notification dated 27th september, 2001, declaring simi to be an unlawful association, cannot be considered, as the same was not available before the appropriate authority when it took the decision to ..... ' as defined under clause (g) of section 2 of the act, which reads:2(g) 'unlawful association' means any association: (i) which has for its objects any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is punishable under section 153a or section 153b of the indian penal code, or which encourages or aids ..... ultimate analysis, it would be a question of fact to be examined whether the material available before the government and placed before the tribunal is sufficient to hold the association as an unlawful association or to hold that the activities alleged are unlawful activities or not, as defined in sub-section (f) and (g) of section 2 of the act.24. .....
Tag this Judgment!Court : Chennai
..... calling for such further information as it may consider necessary from the central government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 3, such order as it may deem fit either confirming the ..... (3) of sub-section (4) may, within 30 days from the date of the notification or order, make an application to the court of the district judge for declaring that the place has not been used for the purpose of unlawful association, and the court of district judge shall decide the same in accordance with law. 8. ..... on resumption of proceedings, a petition under section 4(3) of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the act) had been moved by mr.m.radhakrishnan on behalf of tamil nadu peoples rights forum which admittedly is not a registered entity. ..... it appears that the first respondent union of india issued a notification dated 17th may, 2010 under section 3(1) and proviso to section 3(3) of the unlawful activities (prevention) act, 1967 (act 37 of 1967) (hereinafter referred to as the act) declaring the liberation tigers of tamil eelam (in short ltte) as an unlawful association. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC530; 1998(2)ALD(Cri)113; 1998(1)ALT(Cri)107; [1998]92CompCas14(SC); 1998CriLJ848; 1997(4)Crimes388(SC); JT1997(9)SC709; 1997(7)SCALE442; (1998)1SCC474; [1997]Supp6
..... to bring about such cession or secession; (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of india;''unlawful association' has been defined in section 2(g) to mean any association :'(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or(ii) which has for its object any activity which is punishable under. ..... to ascertain the nature of offences envisaged under sections 10 and 13 of the act, it would be necessary to first refer to the definition of 'unlawful activity' in section 2(f) of the act which reads as under :''unlawful activity', in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), -(i) which is intended, or supports any ..... provides that whoever is and continues to be a member of an association declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, or takes part in meetings of any such unlawful association, or contributes to, or receives or solicits any contribution for the purpose of any such unlawful association or in any way assists the operation of any such unlawful association shall be punishable with imprisonment for a term which may extend to .....
Tag this Judgment!Court : Chennai
..... "14.as seen from the above, the supreme court also dealt with section 10 of the unlawful activities (prevention) act and held that mere support to a banned organization will not by itself can become an offence.15.in the light of the above factual matrix and the legal precedents set out above, the ..... supreme court held that a member of a communist organisation could not be regarded as doing an unlawful act by merely obtaining employment in a defence facility.15.we respectfully agree with the above decisions, and are of the opinion that they apply to india too, as our fundamental rights are similar to the bill of rights in the u.s. ..... 325-26)those who join an organization but do not share its unlawful purpose and who do not participate in its unlawful activities surely pose no threat, either as citizens or as public employees. ..... section 3(5) of terrorists and disruptive activities, 1989, section 10 of the unlawful activities (prevention ) act 1967, etc. ..... therefore, an assistance in any way to the unlawful activities of the association is punishable with imprisonment. ..... liberation tigers of tamil eelam is a banned organization by the central government under the unlawful activities (prevention) act, 1967. ..... 3 (5) of tada or section 10 of the unlawful activities (prevention) which on their plain language make mere membership of a banned organization criminal have to be read down and we have to depart from the literal rule of interpretation in such cases, otherwise these provisions will become .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR391; 2007(6)BomCR294
..... sebastian also contended that part of section 2(1)(e) of the mcoca with respect to 'promoting insurgency' and the allied sections of the mcoca to the extent they concern 'promoting insurgency' are in conflict with the uapa, 1967 as amended by unlawful activities (prevention) amendment act, 2004 and, hence, they are repugnant to the said provisions and may be declared to be so ..... . (1) in this act, unless the context otherwise requires, (a) x x x x x (b) x x x x x (c) x x x x x (d) x x x x x (e) 'organised crime' means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency.44 ..... . since the stress is on the offence of 'promoting insurgency' found in section 2(1)(e) of the mcoca and 'terrorist act' or 'terrorism' as defined in the uapa, 1967 as amended by the unlawful activities (prevention) amendment act, 2004, it is necessary to understand the meaning of these terms. 40 ..... . they deal with the same subject and as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in uapa 1967 must prevail over the mcoca so far as insurgency is concerned .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC642; 1998CriLJ2109
..... therefore, in the absence of any specific evidence and finding as to which of the three revisionists was actually found in unlawful possession of the railway property, none of them could have been convicted by the trial court. ..... moghalsarai, varanasi, dated 29.3.1986 whereby the revisionists were convicted under section 3a of the railway property (unlawful possession) act, 1966 (hereinafter referred to as the act) and were sentenced to undergo 2 years' r.i. ..... the revisionists are acquitted of the charge under section 3a of the railway property (unlawful possession) act, 1966. ..... the definition of the railway property has been given in section 2(d) of the railway property (unlawful possession) act, 1966. ..... therefore, other accused namely, quamuddin and jainuddin could not have been convicted for offence punishable under section 3a of the railway property (unlawful possession) act, 1966. ..... 1966 relates to unlawful possession of railway property. ..... the offence under section 3a of the railway property (unlawful possession) act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC393; 1975CriLJ423; (1975)1SCC336; [1975]2SCR913; 1975(7)LC40(SC)
..... a criminal case was filed against the petitioner under section 3(a) of the railway property (unlawful possession) act, 1966 but that case could not be proceeded with as, according to the e district magistrate, the witnesses 'did not dare to depose in open court against the detenu for fear of their lives'. ..... the railway property (unlawful possession) act, 29 of 1966, confers extensive powers to bring to book persons who are found in unlawful possession of railway property. ..... besides, if the petitioner's statement was recorded during the course of investigation under the act of 1966, that itself could be relied upon by the prosecution in order to establish the charge that the petitioner was in unlawful possession of railway property.6. ..... this statement makes no sense because the receipts constitute the very foundation of the petitioner's defence to the charge that he was in unlawful possession of railway property.7. ..... we are therefore of the opinion that on the material which was available to the detaining authority, it was impossible to arrive at the conclusion that the possession of the petitioner was unlawful. ..... it seems to us that the prosecution was in all probability dropped as the petitioner might have been able to establish that his possession of the goods was not unlawful. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori177; 1959CriLJ1351
..... while therefore maintaining the conviction of the petitioner under section 5 of the telegraph wires (unlawful possession) act 195.0 i would enhance the sentence passed on the petitioner to six months' rigorous imprisonment. ..... though the law provides for an alternative sentence of fine only, to be imposed in certain circumstances, the maximum sentence for the offence of unlawful possession of telegraph wires was fixed as five years rigorous imprisonment. ..... the aforesaid act was not found to work effectively, especially in the states of bengal, bihar orissa and mysore, and consequently parliament amended the act by the telegraph wires unlawful possession amendment act, 1953 which came into force on 30-9-1953. ..... section 5 which is the penal section for unlawful possession of telegraph wires may be quoted in full ;'5. ..... the law relating to unlawful possession of telegraph wires was in forcei since 1950 and drastic amendment was introduced by the amending act of 1953 mainly because theft of telegraph wires was found to be rampant in some of the states, including orissa. ..... the telegraph wires (unlawful possession) act, 1950 came into force on 28-12-1950. ..... penalty for unlawful possession of telegraph wires:-- whoever is found or is proved to have been in possession of any quantity of telegraph wires which the court has reason to believe to be, or to have been the property of the posts and telegraph department of the central .....
Tag this Judgment!