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SC Rules: Mere Membership of Unlawful Organisation sufficient to prosecute a person under UAPA

 

On Friday, the Supreme Court affirmed that mere membership of a banned organization makes a person criminal and liable to be prosecuted under the Unlawful Activities (Prevention) Act (UAPA) provision.

Reversing its own 2011 judgment, the apex court held as bad in law subsequent decisions passed by high courts pursuant to its two-judge verdict in 2011 on the issue of membership of banned outfits. 

The Supreme Court upheld Section 10(a)(i) and said that all High Court decisions to the contrary are overruled. It further reported the top court as stating that Section 10(a)(i) is in sync with the objective of the UAPA act to protect the sovereignty of the nation.

Solicitor General Tushar Mehta thanked the bench for the "historical judgment". He said it would protect the sovereignty of India. 

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 (With input from news agency language)

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