Key Points
A three-judge Bench of the Supreme Court on Friday clarified that a person who is or continues to be even a mere member of a banned organisation is liable to be found criminally liable under the draconian Unlawful Activities Prevention Act (UAPA) for acting against the sovereignty and integrity of India...
With this judgment, the Supreme Court has set aside a series of its own judgments which had concluded that mere membership - unlike active membership - of an unlawful association or organisation did not make a person a criminal or a terrorist..
The provision says that where an association is declared unlawful by a notification issued under Section 3 which has become effective under sub-section (3) of that section,(a) a person, who(i) is and continues to be a member of such association shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine...
The court clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA...
The three-judge Bench said the earlier judgments in the cases of Arup Bhuyan, Sri Indra Das and Raneef, which had read down Section 10(a)(i) to exclude mere membership of an organisation from criminal liability, followed the American law blindly...
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