J.B.GARG,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved by Shri J.V. Gupta, retired Chief Justice of Punjab and Haryana High Court and Shri R.K. Mittal, Advocate of Chandigarh, challenging FIR No. 382 of 1992 registered on 15.12.1992 for offences under Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 at Police Station Central, Chandigarh.
(2.) IT appears that it was after the demolition of structures at Ayodhya which took place on 6.12.1992 in Uttar Pradesh that the Local Administration came into action. It shall be useful to reproduce English translation of the FIR (annexure P-1) which is as follows :- "The Government of India vide Notification published in the Extra Ordinary Gazette on 10.12.1992 have declared Rastriya Swayam Sewak Sang as unlawful association under Section 3 of Unlawful Activities (Prevention) Act, 1967 and such Notification has been published in the major newspapers of the country. According to this notification, the membership of Rastriya Swayam Sewak Sangh, collection of donations of money and participating in its activities is an offence. A reliable informant has informed that Shri J.V. Gupta, Resident of House No. 211, Sector 18-A Chandigarh, Sangh Chalak, Punjab, Shri R.K. Mittal, House No. 1526 Sector 18, Chandigarh, Nagar Chalak, Chandigarh, Shri Mangal Dass resident of House No 1017, Sector 18, Chandigarh, Shri Kheshav Niwas and Shri Krishan Kumar Baewja, residents of House No. 1017 Sector 18, Chandigarh, Shri Nand Kumar resident of House No. 1017, sector 18, Chandigarh, Shri Balbir Chand, Resident of House No. 1018, Sector 18-C Chandigarh and Shri Mool Chand Premi resident of House No 2244, Sector 22-C, Chandigarh continued to be member of R.S.S. in spite of ban on it and are participating in unlawful activities of the Sangh and preparing the people for propagating the R.S.S. Shri J.V. Gupta is Sangh Chalak of Punjab and he calls meeting of the Sangh at his residence. He has installed a telephone number 42410 in the office of R.S.S. at House No 1017, Sector 18, Chandigarh and this telephone is being used for the activities of Sangh. He is asking the people within the area of police-station to continue with the Sakhas of the Sangh and preparing the people or such purpose. Shri R.K. Mittal, Nagar Sangh Chalak is calling the meetings of the Parcharak of different Shakhas at his house telling them to continue the Shakhas in any form and making new members and collecting donations from the different parts of the city. Shri Krisha Kumar Baweja, Shri Nand Kumar and Shri Ram Singh are the active members and live in R.S.S. office and working as Parcharak. They are asking the people to participate in the Shakhas of the R.S.S. which is known to the informant. Therefore, offence under Section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967."
(3.) IN this petition it has specifically alleged that Rashtriya Swayam Sewak Sangh referred to as R.S.S. was found in the year 1925. It has no enrollment fee nor it maintains any membership registers. The Central Government issued a Notification on 10th of December 1992 under Section 3 of the Unlawful Activities (Prevention) Act 1967 declaring the R.S.S. as an unlawful association. However, the reasons which were stated to be in writing were not given in the notification though the Notification was given an immediate effect. The above said notification issued by the Central Government is reproduced as under :- "Where the Rashtriya Swayam Sewak Sangh (hereinafter referred to as RSS) has been encouraging and aiding its followers to promote or attempt to promote, on grounds of religion disharmony or feelings of enmity, hatred or ill-will between different religious communities; And where the RSS has been making imputations and assertions that members of certain religious communities have alien religions and cannot, therefore, be considered nationals of India, thereby causing and likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons. And whereas the RSS Swayam Sewak had participated in the demolition of the structure commonly known as Ram Janam Bhoomi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh on the 6th December, 1992. 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 considered to be against the public interest to disclose, the Central Government is of the opinion that the Rashtriya Swayam Sewak Sangh is an unlawful association. Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967, (37 of 1967) the Central Government hereby declares the Rashtriya Swayam Sewak Sangh" to be an unlawful association and directs, in exercise of the powers conferred by the provision to subsection (3) of that Section, that the Notification, shall subject to any order that may be made under Section 4 of the said Act, have effect from the date of its publication in the Official Gazette." ;