J.S. Verma, J. - (1.) The above appeal by special leave is against the order dated 11-4-1994 passed under S. 4 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "the Act") by the one member Tribunal comprising of B. M. Lal, J., a Judge of the Allahabad High Court constituted under S. 5 of the Act, confirming the declaration made by the Central Government in the notification dated 10-12-1992 issued under sub-sec. (1) of S. 3 of the Act that Jamaat-E-Islami-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 saved from the vice of unconstitutionality. The alternative challenge to the constitutionality of the provisions is made, only if such a construction cannot be made. It is, therefore, appropriate that the proper construction of these provisions be first made to enable consideration of the contention in the true perspective.
(3.) The material facts are these: The said association, namely, Jamaat-E-Islami-Hind, established in April 1948, is an All India organisation professing a political, secular and spiritual credentials with belief in the oneness of God and universal brotherhood. Its activities are said to be for promoting this objective. A notification dated 10-12-1992 published in the Official Gazette the same day was issued by the Government of India in the Ministry of Home Affairs, as under :- "MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 10th December, 1992 S.O. 898(E). - Whereas Shri Sirajul Hasan, Amir of the Jamaat-e-Islami Hind (hereinafter referred to as JEIH) declared in a meeting at Delhi held on the 27th May, 1990 that the separation of Kashmir from India was inevitable; And whereas Shri Abdul Aziz, Naib-Amir of JEIH, addressing a meeting at Malerkotla on the 1st August, 1991, observed that the Government of India should hold plebiscite on Kashmir; And whereas JEIH has been disclaiming and questioning the sovereignty and territorial integrity of India; And whereas for all or any of the grounds set out in the preceding paragraphs, as also on the basis of other facts, and materials in its possession which the Central Government considers to be against the public interest to disclose, the Central Government is of the opinion that the JEIH is an un-lawful association; Now, therefore, in exercise of the powers conferred by sub-sec. (1) of Sec. 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967, the Central Government hereby declares the Jamaat-e-Islami Hind to be an unlawful association, and directs, in exercise of the powers conferred by the proviso to sub-sec. (3) of that section, that this notification shall, subject to any order that may be made under Sec. 4 of the said Act, have effect from the date of its publication in the Official Gazette. [No. II/14034/2(i)/92-IS(DV)] T. N. SRIVASTAVA, Jt. Secy." ;