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2017 Supreme(Del) 898

SANJEEV SACHDEVA
ISLAMIC RESEARCH FOUNDATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners:Mr. D.C. Mathur, Sr. Advocate with Mr. Satish Tamta, Mr. Hari Haran and Mr. Dhruv Tamta, Advocates
For the Respondent:Mr. Sanjay Jain, ASG with Mr. Ravi Prakash, CGSC, Mr. Farman Ali, Ms. Rajul Jain, Ms. Ruchi Jain and Mr. Vignaraj Pasayat, Advocates

JUDGEMENT :

SANJEEV SACHDEVA, J.

1. The Petitioner (Islamic Research Foundation) seeks setting aside of the notification dated 17th November, 2016, bearing No. S.O. 3460 (E) issued by the Ministry of Home Affairs (hereinafter referred to as the Notification) and a declaration that the ban imposed by the notification is ultra vires Articles 14, 19 & 21 of the Constitution of India.

2. The impugned Notification has been issued by the Ministry of Home Affairs in exercise of powers under section 3(1) and 3(3) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act), thereby declaring the petitioner organization/association as an unlawful association and the declaration is to come into force with immediate effect.

3. Mr. Dinesh Mathur, learned Senior Counsel appearing for the petitioner at the outset submitted that though the petition impugns the entire notification, the petitioner restricts the challenge to the exercise of powers under the proviso to Section 3(3) of the Act, imposing the ban with immediate effect. Thus, this court is not concerned with the legality and validity of the said Notification to the extent it declares the petitioner organization/asso




































































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