S.P.BHARUCHA, J.S.VERMA, K.S.PARIPOORNAN
Jamaat E Islami Hind: Mohammad Jafar – Appellant
Versus
Union Of India – Respondent
J.S. VERMA, J.
(1) THE above appeal by special leave is against the order dated 11/4/1994 passed under Section 4 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act) by the one member tribunal comprising B.M. Lal, J., a Judge of the Allahabad High court constituted under Section 5 of the Act, confirming the declaration made by the central Government in the notification dated 10/12/1992 issued under Ss. (1 of Section 3 of the Act that Jamaat-E-lslami-Hind is an "unlawful association" as defined in the said Act. The above writ petition has been filed in addition to the said appeal, in the alternative, for a declaration that the provisions of the said Act and the Rules framed thereunder are unconstitutional and ultra vires some of the fundamental rights guaranteed in the Constitution of India.
(2) THE broad submission of Shri Soli J. Sorabjee on behalf of the said Association is, that in the event a construction is made of the provisions of the said Act and the Rules framed thereunder, which give a reasonable opportunity to the Association to show cause why it should not be declared unlawful, these provisions would be save
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