Court : Supreme Court of India
..... said to have 1 hereinafter referred to as a-17 2 abbreviated as plfi 2|slp(crl)4866/2023 criminally conspired and formed an unlawful association with members of plfi, namely, dinesh gope, sumant kumar @ pawan kumar (a-7) and hira devi @ anita devi (a-14). ..... that is why and to achieve the said object and purpose of effective prevention of certain unlawful activities parliament in its wisdom has provided that where an association is declared unlawful by a notification issued under section 3, a person, who is and continues to be a member of such association shall be punishable with imprisonment for a term which may extend to 2 years, and shall also be ..... the uapa has been enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and for matters connected therewith. ..... the act reads as under:- an act to provide for the more effective prevention of certain unlawful activities of individuals and associations [,and for dealing with terrorist activities,]. ..... the act itself is enacted, to prevent unlawful activities of individuals and associations as also dealing with terrorist activities, which terms are specifically defined under ..... its wisdom had thought it fit that once an association is declared unlawful after following due procedure as required under section 3 and subject to the approval by the tribunal still a person continues to be a member of such association is liable to be punished/penalised. .....
Tag this Judgment!Court : Supreme Court of India
..... that within few days of the arrest of the respondents on 22.09.2022, the pfi was declared as an unlawful association and was banned by the government of india under the uapa. ..... the uapa is one of such acts which has been enacted to provide for effective prevention of certain unlawful activities of individuals and 30 associations, and to deal with terrorist activities, as also to impose reasonable restrictions on the civil liberties of the persons in the interest of sovereignty and integrity of ..... , the investigation conducted by nia revealed that a- 1, a-2, a-3, a-4, a-5, a-6, a-7, a-8, a-9, a-13 and others have been parties to the criminal conspiracy in the matter of strengthening pfi, recruiting of persons to pfi, imparting weapon training to its (pfi) members, commission of unlawful acts, preparatory acts for commission of terrorist acts with the object of establishing islamic rule in india by 2047. ..... disclosed that a-8 mentioned that such training was being imparted in pfi arivagam, theni and at various parts of ramanathapuram district so that the youth are in readiness to commit terrorist acts and unlawful activities and to disrupt the sovereignty and integrity of india and to establish islamic rule as per shariah law. ..... upon by the appellant, were the members of the pfi when it was not banned by the government of india, they had not 5 participated in the alleged unlawful activities, and hence their statements till they are rebutted or contradicted could be relied upon. .....
Tag this Judgment!Court : Supreme Court of India
..... the case of arup bhuyan -vs- state of assam and another [2023 scc online sc338 has held that if a person, even after an organisation is declared as an unlawful association, continues to be a member thereof, would attract penalty under section 10 of the 1967 act.9. ..... (2) whoever, in any way, assists any unlawful activity of any association declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may ..... the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is (i) to support the terrorist organization, or (ii) to further the activity of the terrorist organization, or (iii) to be addressed by a person who associates or professes to be associated with the terrorist organisation; or (c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity ..... . it has emerged from the evidence obtained that frontal organization which supposedly promote democratic rights and civil liberties, such as indian association of people s lawyers (i.a.p.l) , anuradha ghandy memorial committee (a.g.m.c), kabir kala manch, persecuted prisoners solidarity committee (p.p.s.c) are set up or similar organizations are infiltrated in as systematic manner and under their cover .....
Tag this Judgment!Court : Karnataka
..... as may be specified in the directions, be exercised by any person subordinate to the state government and union territory administrations; now, therefore, the state government hereby directs that in relation to the associations which have been declared as unlawful associations by the central government vide notification number s.o.4559(e), dated:27th september, 2022 all powers exercisable by the state government under section 7 and section 8 of the said act shall be exercised by the ..... be, make an application to the court of the district judge within the local limits of whose jurisdiction such notified place is situate (a) for declaration that the place has not been used for the purpose of the unlawful association; or (b) for setting aside the order made under sub- section (3) or sub-section (4), and on receipt of the application the court of the district judge shall, after giving the parties an opportunity of ..... mandates that if, in the opinion of the district magistrate any articles specified in the list which may be used for the purpose of such unlawful association which is declared as one under section 3, may make order prohibiting any person from using the articles under the written orders of the district ..... the purpose is also depicted in the said provision, it is for a declaration that the place is not used for the purpose of unlawful association or set aside the order made under sub-sections (3) and (4) of section 8 of the act and after giving the parties opportunity of being .....
Tag this Judgment!Court : Supreme Court of India
..... the petitioner claims that he was the general secretary of campus front of india, which is now banned as an unlawful association, vide notification issued by the union of india, ministry of home affairs dated 27.09.2021 under section 3 of the unlawful activities (prevention) act, 19673. .....
Tag this Judgment!Court : Supreme Court of India
..... as the submission of shri parikh, learned senior counsel on mens rea element and the reliance placed upon the judgments referred to hereinabove on mens rea and in support of his submissions that mere membership of a person of such unlawful association alone cannot be a ground to punish such person including the decision of kedar nath (supra) and other decisions are concerned, at the outset it is required to be noted that the said decisions shall not be applicable while ..... be, make an application to the court of the district judge within the local limits of whose jurisdiction such notified place is situate (a) for declaration that the place has not been used for the purpose of the unlawful association; or (b) for setting aside the order made under sub-section (3) or sub-section (4), and on receipt of the application the court of the district judge shall, after giving the parties an opportunity of being heard, decide ..... cession or secession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of india; or (iii) which causes or is intended to cause disaffection against india; (p) 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 15 (ii) which has for its object any activity which is punishable under section 153a (45 of 1860) or section 153b of the .....
Tag this Judgment!Court : Supreme Court of India
..... out of a judgment of the madras high court quashing a government order declaring a society known as people s education society as an unlawful association and also declaring as unconstitutional, section 15(2)(b) of the indian criminal law amendment act, 1908, as amended by the indian criminal law amendment ..... such as acts relating to: (a) foreign affairs (entry 10, list i, seventh schedule of the constitution); (b) diplomatic, consular and trade representation (entry 11); (c) united nations organisation(entry 12); (d)participation in international conferences, associations and other bodies and implementing of decisions made thereat (entry 13); (e) entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries (entry 14); (f) war and peace ..... any writing, sign, or other visible representation which is gravely threatening, or derogatory; (i)within the hearing or sight of a person, causing fear or alarm, or; (ii) with the intent to provoke the use of unlawful violence, against that person or another, shall be 52 punished with imprisonment for a term which may extend to one year and/or fine up to rs 5000, or both . ..... demonstration without having to fear that they will be subjected to physical violence by their opponents; such a fear would be liable to deter associations or other groups supporting common ideas or interests from openly expressing their opinions on highly controversial issues affecting the community. .....
Tag this Judgment!Court : Karnataka
..... the central government is satisfied, after such inquiry as it may think fit, that any person has custody of any moneys, securities or credits which are being used or are intended to 8 be used for the purpose of the unlawful association, the central government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which ..... be, make an application to the court of the district judge within the local limits of whose jurisdiction such notified place is situate 11 (a) for declaration that the place has not been used for the purpose of the unlawful association; or (b) for setting aside the order made under sub-section (3) or sub-section (4),nand on receipt of the application the court of the district judge shall, after giving the parties an opportunity of being heard, decide ..... possession which the central government considers to be against the public interest to disclose, the central government is of the opinion that the iss is an unlawful association; now, therefore, in exercise of the powers conferred by sub-section (1) of s3 of the unlawful activities (prevention) act, 1967 (37 of 1967) the central government hereby declares the islamic sevak sangh to be an unlawful association, and directs, in exercise of the powers conferred by the proviso to sub-section (3), of that section, that this notification shall, subject to any .....
Tag this Judgment!Court : Karnataka
..... section 10, 11, 13, 15, 16, 17, 18, 19, 20 and 21 of the unlawful activities (prevention) act?.3) whether the prosecution is able to prove that accused nos. ..... in the affirmative holding that the prosecution proved that accused nos.1 to 6 and 13 with absconding accused nos.7 to 12, were the members of banned unlawful association namely indian muzahiddin organization, involved in the offence of unlawful activities and committed the offence under sections 10, 11, 13, 15, 16, 17, 18, 19, 20 and 21 of the unlawful activities - 22 - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 (prevention) act. ..... sections 10, 11, 13, 18, 19 of unlawful activities (prevention) act, section 5 and 6 of the explosive substances act, 1908, section - 18 - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 9b(1)(b) of explosives act and sections 3 and 25 of arms act?.2) whether the prosecution is able to prove that accused nos.1 to 6 and 13 with absconding accused nos.7 to 12, were the members of banned unlawful association namely indian muzahiddin organizaton, involved in the offence of unlawful activities and committed the offence under .....
Tag this Judgment!Court : Karnataka
..... section 10, 11, 13, 15, 16, 17, 18, 19, 20 and 21 of the unlawful activities (prevention) act?.3) whether the prosecution is able to prove that accused nos. ..... in the affirmative holding that the prosecution proved that accused nos.1 to 6 and 13 with absconding accused nos.7 to 12, were the members of banned unlawful association namely indian muzahiddin organization, involved in the offence of unlawful activities and committed the offence under sections 10, 11, 13, 15, 16, 17, 18, 19, 20 and 21 of the unlawful activities - 22 - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 (prevention) act. ..... sections 10, 11, 13, 18, 19 of unlawful activities (prevention) act, section 5 and 6 of the explosive substances act, 1908, section - 18 - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 9b(1)(b) of explosives act and sections 3 and 25 of arms act?.2) whether the prosecution is able to prove that accused nos.1 to 6 and 13 with absconding accused nos.7 to 12, were the members of banned unlawful association namely indian muzahiddin organizaton, involved in the offence of unlawful activities and committed the offence under .....
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