Tuesday, 28 May 2024



LATEST NEWS Arvind Kejriwal in Ludhiana - BJP is conspiring to stop your free electricity Send your son to the parliament, he will definitely become a minister in the central government: Bhagwant Mann Raghav Chadha campaigned for candidate Gurpreet GP in Fatehgarh Sahib Amit Shah threatened three crore Punjabis, Kejriwal & Mann hit back at the Home Minister Bhagwant Mann campaigned for Faridkot candidate Karamjit Anmol in Gidderbaha and Rampura Phul I made electricity free, electricity is the most expensive in BJP ruled states, still BJP people call me corrupt : Arvind Kejriwal Four Laning of Naina Devi Road and beautification around Gurdwara Sahib top priority: Vijay Inder Singla AAP’s 13-Zero will be converted into Zero-13 on June 4 : Gurjeet Singh Aujla Free Sikh religious institutions from the control of the RSS–Sukhbir Singh Badal appeals to the PM PM Narendra Modi will establish International Financial Center in Zirakpur: Preneet Kaur Former mayors and deputy mayors of BJP came together and challenged Congress candidate Manish Tewari Santosh Iyer Net Worth (May 2024) and His Success Story | 5 Dariya News Travis Head Net Worth 2024 | Know The Income Sources Of Travis Head BJP struggled for Ram Mandir for 30 years, Modi got Shri Ram Lala out of the tent: Uttarakhand CM Pushkar Dhami Raja Warring Denounces Party Traitors, Urges Voters to Choose Development Will repeal Agniveer Yojana: Priyanka Gandhi PM Modi never talks about issues like inflation, poverty, unemployment and hunger, instead of work he is asking for votes from people in the name of Mangalsutra and buffalo - Arvind Kejriwal The farmers of the cotton belt are getting canal water, we are planning to bring food processing companies here, I've big development plans for this area: CM Bhagwant Mann Martyrs Are Our Treasure, Continually Striving to Build a Society of Their Dreams: Meet Hayer Maharashtra Board SSC Class 10th Result May 2024 Announced: The Result Here Direct Link Here Why Was The Teaser of The Hamara Barah Movie Removed?


'Executives must be given opportunity to put up case': SC on verdict refusing 'guilty by association' doctrine

Supreme Court, The Supreme Court Of India, New Delhi
Listen to this article

Web Admin

Web Admin

5 Dariya News

New Delhi , 09 Feb 2023

The Supreme Court on Thursday reserved its judgment on Centre's plea to review the two judgments of 2011, in which a provision of the Terrorist and Disruptive Activities (Prevention) Act (TADA) (now repealed) was read down to hold that mere membership of a banned organisation cannot incriminate a person unless the person resorted to or incited violence.

During the hearing, a bench headed by Justice M.R. Shah observed that Central government executives are required to be given an opportunity to put forward their case, and that is also Parliament wanted to say, which is missing here.

The bench, also comprising Justices C.T. Ravikumar and Sanjay Karol, said that this court has not held that Union of India executives are not required to be heard at all. The apex court judgments had come while hearing two separate cases of bail and conviction under the TADA. 

On Wednesday, the bench had queried: "Before reading down a provision, wasn't the other bench required to hear the Union of India? How can you read down a central statute without giving them an opportunity?" 

The Centre had argued that the two-judges should have sought its views at the time of hearing these cases but the reading down of the TADA provision had also impacted a similar provision under the Unlawful Activities (Prevention) Act (UAPA), which prescribes punishment for being a member of an unlawful association.

Solicitor General Tushar Mehta, representing the Centre, had submitted that if Lashkar-e-Taiba is a banned organisation, then a person cannot say he is merely a member and has a right to remain a member.

He argued that the right to form an association cannot be an unbridled right, and when it affects sovereignty and integrity of the country, then restrictions will be reasonable. 

He further argued that 2011 judgments did not consider a bundle of significant considerations -- legislative intent and also Parliament has engrafted certain provisions to keep the security of the nation intact.

Senior advocate Sanjay Parikh, appearing for an intervenor, defended the 2011 judgments, emphasising that since the 1960s, a series of judgments by the apex court have held that there must be an overt act of incitement or violence before a person can be prosecuted.

The top court noted that 2011 judgments came during hearings on criminal cases, where no party had questioned the legal validity of the TADA provision or the doctrine of "guilty by association".

It queried that if has to consider the jurisdiction under which it is hearing a case, and if a bail matter is before it, how can it go into the constitutional validity of a provision without a challenge to that law?

"Can it be said that merely because we are the Supreme Court, we can go into the validity of anything in any manner?" it noted. The apex court was hearing a reference made in 2014 by the two-judge bench of the apex court in view of the judgments in the matters of Arup Bhuyan and Indra Das. 

While making the reference, the top court was informed by the Centre that in Arup Bhuyan, the court has read down the TADA provision to the detriment of the interest of the Union of India when it was not a party before it, and moreover, and also when the constitutional validity was not in question.


Tags: Supreme Court , The Supreme Court Of India , New Delhi



related news




Photo Gallery



Video Gallery



5 Dariya News RNI Code: PUNMUL/2011/49000
© 2011-2024 | 5 Dariya News | All Rights Reserved
Powered by: CDS PVT LTD