New Delhi: The Supreme Court has held that membership of a banned organization is an actionable offense under the UAPA Act. The 2011 ruling that a case cannot be filed on the basis of membership alone has been overturned. Arup Bhuyan vs. State of Assam, Indra Das vs. State of Assam and Ranif vs. State of Kerala were quashed.
With this, Justices MR. Shaw, C.T. A bench comprising Ravikumar and Sanjay Carroll ruled. In 2011, a bench comprising Justices Markandeya Katju and Gyan Sudha Mishra declared membership not an offence.
In 2014, Justices Dipak Misra, A.M. Sapre and others bench recommended the matter for consideration by a larger bench. The judgment has now been announced after the three-member bench heard the argument again on February 8.
English Summary: Mere Membership Of Unlawful Organization Is UAPA Offence: Supreme Court Overrules 2011 Precedents