JAMAAT E ISLAMI HIND MOHAMMAD JAFAR Vs. UNION OF INDIA

JUDGEMENT

(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 :-