Membership of a banned organisation is an offence under UAPA, holds SC

NEW DELHI: The Supreme Court ruled on Friday that membership of a banned organisation is an offence, reversing its 12-year-old order which had said that mere membership of a banned organisation was not a crime as long as the member did not indulge in crimes.

Reversing the February 3, 2011, order, a bench of Justice M.R. Shah, Justice C.T. Ravikumar and Justice Sanjay Karol affirmed the validity of Section 10(a)(i) of the Unlawful Activities (Prevention) Act (UAPA), 1967 which attributed criminality even to a mere member of a banned organisation. It prescribes jail of up to two years and a fine.

The top court said that being a member of an association declared unlawful by the Centre was sufficient to constitute an offence under the UAPA and was punishable.

The top court judgment on Friday came on a Centre and the Assam government's plea seeking a review of the 2011 order.

On February 3, 2011, Justice Markandey Katju and Justice Gyan Sudha Misra acquitted suspected ULFA member Arup Bhuyan, who was held guilty by a special court dealing with cases under the Terrorist and Disruptive Activities (Prevention) Act. Bhuyan was convicted for his alleged association with the banned United Liberation Front of Assam.

The top court in 2011 had acquitted Buyan on the basis of his alleged confessional statement before the superintendent of police.