Nasir Pasha S/O. Late Mohammed Hasham – Appellant
Versus
Union Of India Represented By The Addl. Secretary, Ministry of Home Affairs, North Block, New Delhi – Respondent
ORDER :
The petitioner calls in question a declaration notification dated 28-09-2022 issued by the respondent declaring Popular Front of India (‘PFI’ for short) to be an unlawful organization and bringing into force the notification with immediate effect.
2. Shorn of unnecessary details, the facts in brief, are as follows:-
The petitioner claims to be the President of PFI organization and claims that the said organization is registered under the Karnataka Societies Registration Act, 1960. He further claims to be working for the empowerment of down trodden section of the Society. What brings the petitioner to this Court is declaration of PFI to be an unlawful organization. The petitioner, by virtue of being a member of the organization claims to be aggrieved by the action of declaring the organization to be unlawful. Insofar as declaration of the organization to be unlawful under Section 3 of the Unlawful Activities (Prevention) Act, 1967 (‘the Act’ for short), the issue has been referred to the Tribunal constituted under Section 4 of the Act where it is pending consideration. What drives the petitioner to this Court, at this juncture, is the act of the respondent/Union of India in bri
Point of Law : Action of the Central Government would be covered under the exception of Article 19 (4) of the Constitution of India - Immediate action appears to have been taken in the interest of so....
The court affirmed the validity of property attachment under the U.A.P.A., confirming jurisdiction and procedural adherence despite contestation of unlawful association status.
Section 3 of the Act reads as declaration of an association as unlawful.
The court underscored the executive's authority to restrict publications under emergency conditions, reaffirming the principle that governmental actions taken within the scope of law are not subject ....
(1) Grant of bail – Question of discarding material or document at stage of considering bail application of accused on the ground of being not reliable or inadmissible in evidence, is not permissible....
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
Prolonged detention without trial violates constitutional rights, necessitating bail when evidence of participation in unlawful activities is insufficient.
(1) Once an association is declared unlawful of whom concerned person was member wishes to continue as a member despite the fact that he is well aware of fact that such an association is declared unl....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.