JUDGMENT

M.R. Shah, J.

Present reference to the larger Bench is made against the judgment and order in the case of Arup Bhuyan v. Union of India, (2011) 3 SCC 377 as well as State of Kerala v. Raneef, (2011) 1 SCC 784, pursuant to the order passed by this Court dated 26.08.2014, reported as (2015) 12 SCC 702 .

Background of the Reference

2. That the Division Bench of this Court in the case of Raneef (supra) whilst relying upon numerous American decisions concerning freedom of speech and position on membership of banned organizations rejected the doctrine of “guilt by association” and observed that mere membership of a banned organization will not incriminate a person unless he resorts to violence or incites people to violence and does an act intended to create disorder or disturbance of public peace by resort to violence. In paragraphs 10 to 14 this Court in the case of Raneef (supra) observed and held as under:

“10.) As regards the allegation that the r