ISLAMIC RESEARCH FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner (Islamic Research Foundation) seeks setting aside of the notification dated 17th Nov., 2016, bearing No. S.O. 3460 (E) issued by the Ministry of Home Affairs (hereinafter referred to as the Notification) and a declaration that the ban imposed by the notification is ultra vires Articles 14, 19 & 21 of the Constitution of India.

(2.) The impugned Notification has been issued by the Ministry of Home Affairs in exercise of powers under section 3(1) and 3(3) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act), thereby declaring the petitioner organisation/association as an unlawful association and the declaration is to come into force with immediate effect.

(3.) Mr. Dinesh Mathur, learned Senior Counsel appearing for the petitioner at the outset submitted that though the petition impugns the entire notification, the petitioner restricts the challenge to the exercise of powers under the proviso to Sec. 3(3) of the Act, imposing the ban with immediate effect. Thus, this court is not concerned with the legality and validity of the said Notification to the extent it declares the petitioner organisation/association as an unlawful association.