The Supreme Court: Mere Membership of a Banned Organisation Won’t Make Anybody Criminal

The Supreme Court of India, in the first week of February 2011, has ruled that mere membership of a banned organisation won’t make anybody criminal unless he creates public disorder by resorting to violence himself or inciting people to violence.

A bench of Supreme Court comprising Justice Gyan Sudha Mishara and Justice Markandey Katju gave this judgment while setting aside a judgment given by a designated court. The designated court had convicted Arup Bhuyan under Section 3(5) of the Terrorist and Disruptive Activities (Prevention) Act. The Conviction was based on Arup being a member of ULFA (United Liberation Front of Asom).

The Supreme Court acquitted Arup of all charges by saying that mere advocacy of violence can’t attract punishment from the law unless it incites to imminent lawless action.