Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities Membership of banned organisation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Terrorist and Disruptive Activities (prevention) Act, 1987 (28 of 1987) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1.987 - s.3(5) - Membership of banned organisation - Conviction of appellant u/s.3(5) - Sustainability - Held: Mere membership of a banned organisation cannot incriminate a person unless he is proved to have resorted to acts of violence or incited people to imminent violence, or did an act intended to create disorder or disturbance of public peace by resort to imminent violence - In the present case, even assuming that accused-appellant was a member of ULFA- a banned organisation, there was no evidence to show that he did acts of the nature above mentioned - Thus, even if he was a member of ULFA it was not proved that he was an active member and not merely a passive member - Further, the provisions in various statutes i.e. 3 (5) of TADA or s.10 of the Unlawful Activities (Prevention) which on their plain language make mere membership of a banned organisation criminal, have to be read down and one has to depart from the literal rule of interpretation in such cases, otherwise these provisions will become unconstitutional as violative of Articles 19 and 21 of the Constitution - Conviction of appellant accordingly set aside - Constitution of India, 1950 - Articles 19 and 21.Interpretation of Statutes - Reading down of a statute - Held: The Constitution is the highest Jaw of the land and no statute can violate it - If there is a statute which appears to violate it, one can either declare it unconstitutional or read it down to make it constitutional - The first attempt of the Court should be try to sustain the validity of the statute by reading it down.Interpretation of Statutes - statute violating fundamental rights - Held: Statutory provisions cannot be read in isolation, but should be read in consonance with fundamental rights guaranteed by Constitution. Evidence - Confession - Nature of - Held: It is a very weak type of evidence, particularly when alleged to have been made to the police, and it is not safe to convict on its basis unless there is adequate corroborative material. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 114 |
Petitioner | Sri Indra Das |
Respondent | State Of Assam |
SCR | [2011] 4 S.C.R. 289 |
Judgement Date | 2011-02-10 |
Case Number | 1383 |
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