Punishment for being a member of a banned group, the Supreme Court dismissed the 2011 verdict and issued a new directive


Published by: Anwesha Adhikary | Posted: March 24, 2023 1:36 pm| Updated: March 24, 2023 1:36 pm

News Daily Digital Desk: He cannot be held as a criminal only if he is a member of a banned group. The Supreme Court gave such a verdict in 2011. But after 12 years the Supreme Court rejected that verdict. The three-member bench said that the Central Government’s opinion was not known at that time even though the trial was under the UAPA Act. That’s why the Supreme Court amended the judgment.

A three-member bench headed by Justice MR Shah announced the new verdict. On Friday, this bench informed that the Supreme Court’s judicial process was not beneficial for law and society. According to the Supreme Court referring to Article 10 of the Constitution of India, association with a banned group under this Article is an offense under the UAPA Act.

[আরও পড়ুন: আয়ুর্বেদ চিকিৎসকদের দেওয়া সার্টিফিকেটকে মান্যতা আদালতের, সর্বত্র গ্রহণ করার নির্দেশ]

Incidentally, in 2011, the Supreme Court ruled that membership of a banned group does not mean that a specific person cannot be labeled as a criminal. If the concerned person is involved in any anti-social activities, then he can be identified as a criminal. This judgment was canceled by the Supreme Court. According to the new ruling, all members will be punished if they are associated with the banned organization.

According to the court, this judgment was not subject to review. The then central government did not get an opportunity to express any opinion on this verdict. Apart from the Supreme Court, several High Court judgments have also been dismissed. Centre’s Solicitor General Tushar Mehta welcomed the verdict saying that India’s sovereignty will remain intact as a result of this historic verdict.

[আরও পড়ুন: চাকরির নামে ৫ কোটি টাকা প্রতারণা! পূর্ব মেদিনীপুরের শিক্ষকের বিরুদ্ধে হাই কোর্টে প্রার্থীরা]

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