T A ABDUL NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is Shri. T.A. Abdul Nazar Madhani, Chairman of the Islamic Seva Sangh (hereinafter called the 'ISS'). The Writ Petition is filed questioning the notification, Ext. P2, issued by the Central Government dated 10-12-1992 under the. Unlawful Activities (Prevention) Act, 1967 (hereinafter called the "Act"), and also the further notification Ext. P4 dated 12-12-1-992 issued by the State of Kerala delegating its powers to all District Collectors, Commissioners of Police, Superintendents of Police and District Magistrates under S.19 of the Act to take action under S.7 and 8 of the said Act. During the course of the arguments, however, the attack was confined to Ext. P2 notification issued by the Union of India, and no arguments were advanced in regard to Ext. P4 notification.

(2.) The petitioner is the Chairman of the ISS. He also claims to be the Principal of the Anvarul Islam Charitable Society at Sasthancotta. According to him, the ISS is purely a religious organisation formed in November, 1990 for the religious, cultural, educational and spiritual advancement of Muslims. A true copy of the constitution of the ISS is marked as Ext. P1. According to the petitioner, Ext. P1 requires the ISS to adopt constructive and peaceful methods and abjure violence, communal hatred, class struggle, disharmony, discord and anarchy. It is stated that the ISS had utmost faith in the sovereignty and integrity of India and in public order and morality and in the fundamental-rights to minority. The said Anvarul Islam Charitable Society is said to have been registered on 4-8-1988 under the Travancore-Cochin (Literary, Scientific and Charitable) Societies Registration Act, 1955, and is said to be a public trust established in 1987. Various details with regard to the alleged activities of the above said Society and conducting orphanage and Arts and Arabic Colleges are mentioned in the Writ Petition. While so, the Government of India had issued Ext. P2 notification on 10-12-1992 banning the organisation under S.3(1) of the Act. The Government of India also delegated in exercise of its powers under S.19 various powers to the State of Kerala for the purpose of implementing the provisions of S.7 and 8 of the Act. Thereafter, the District Magistrate, Kollam, issued a further notification dated 13-12-1992 under S.8 of the Act. So far as the notification under S.8 is concerned, the same is not questioned in the Writ Petition. That was questioned by the petitioner's father in O.P.No. 17121 of 1992, which Writ Petition is dismissed today by us by a separate judgment. So far as this Writ Petition filed by the Chairman of the ISS is concerned, arguments have been confined to the attack on Ext. P2 notification issued by the Government of India on 10-12-1992. The petitioner has impleaded the State of Kerala as the first respondent, Union of India as the second respondent, Sri. Rajesh Divan, District Superintendent of Police, Quilon, as the third respondent, Sri. C Subramanyam, Director General of Police, Trivandrum, as the fourth respondent, and Sri.T.V. Madhusoodanan, Inspector General of Police, Trivandrum, as the fifth respondent.. The petitioner has made personal allegations against respondents 3 to 5.

(3.) A counter affidavit has been filed by Shri. Rajesh Divan, the third respondent, on his own behalf, and on behalf of the fourth respondent. In the counter affidavit, various allegations of the petitioner have been denied, and it is contended that the ISS is squarely a sectarian communal organisation which has been only promoting religious disharmony and feelings of enimity, hatred, and ill will between different communities in India, especially between the Hindus and Muslims. It is .slated that within a short span of time, the petitioner, Sri. Abdul Nazar Madan!, has criminal record to his credit. 12 crimes have been registered for seditious activities, one crime under S.307 IPC. one under the Explosives Act and one for inciting arson. Thus there are 15 crimes registered against the petitioner. During the course of arguments it was submitted that 19 crimes have been registered against him between 20-3-1992 and 10-7-1992. It is further submitted before us that one more crime was registered on 13-12-1992 under the Arms and Explosives Act. Among the earlier 19 FIRs, it is admitted that 16 FIRs relate to the speeches allegedly delivered by the petitioner for inciting religious groups to take law into their hands. Details of the various crimes are set out in the counter affidavit. It is further submitted that as a base for conspiracy and illegal activities the ISS is utilising the spacious plot which is having an extent of more than 2 acres with a building said to be owned by the Anwarul Islam Charitable Society. But that society is only existing on paper. The whole area of 2 acres has been converted into a well protected fortress with huge brick walls having a height of 15 ft. with further provision for the installation of barbed wires for fencing. According to the police, the entire area has been utilised for clandestine and nefarious activities of the ISS. Huge monetary contributions from outside the country have been obtained for allegedly projecting the rights of the Muslims against Hindus. Money is being obtained on the ground that Ytheera Khana has been built to look after the welfare of the children born from the rape incidents committed by the Hindus on the Muslim sisters. According to the respondents, Madrassa, said to be established by the petitioner for education, is only a cover used for illegal and anti-social activities. Periodical press conferences, recording of cassettes and other modes of publication and propagation were being conducted in the spacious structure enclosed by huge compound walls. It is stated that recruitment of youngsters for both armed and unarmed training which is being done under the supervision of a former CRPF Officer. Huge collection of arms and ammunition with high explosives capacity had been collected and kept in the area for ready use, by highly trained personnel guards called 'black cats'. During the course of search operations, the police have detected the I.S.S. volunteers uniforms, metal detectors, arms and gun powder for the manufacture of bombs and various other arms within the premises above mentioned. The police have also unearthed huge collections of explosives, and discarded containers with the smell of explosives were also found in the premises. After 10-12-1992, certain correspondence and other things had been burnt and partially burnt letters and other documents were retrieved from the ashes. This burning of correspondence was done by the petitioner to cover up his illegal activities, it is stated. According to the respondents, partially burnt bill books recovered from the place showed that even after the ban, the writ petitioner was collecting cheques and drafts addressed to the ISS at the above said address. One letter recovered in-tact shows that the petitioner was fervently on the look-out of a convenient place-hideout to be purchased for continuing his subversive activities, in the Kerala, Tamil Nadu border. The call of the petitioner to the members of the Association is that they should lay down their lives for the cause of the ISS. It is stated that the petitioner was holding to ransom even the owners of the adjacent properties who were successfully pressurised to part with the lands at throw away prices. The police contended that not even a single item said to belong to the society is being used for the purpose of the society and that the society is only on paper, and that the ISS is unlawfully using the premises for its unlawful activities. The police have made a list of items of properties recovered under S.8 of the Act as one used for the purpose of unlawful activities. Since explosives were recovered with a further chance of detection of more explosives concealed in the premises, in public interest, it is not at all safe for the use of anybody for any purpose whatsoever. No prayer for possession to the petitioner can be granted. Even after the ban on 10-12-1992, the meetings of the so-called High Power Committee have been convened, and Crime No.278 of 1992 was registered at Vallarada Police Station on 12-12-1992. The police have seized hundred numbers of galatine sticks and sixteen numbers of electric detonators from the tourist car owned by one Abdul Rahiman, and this, it is stated, was arranged by one Abdul Jabar another leader of the ISS. The said Jabar is a member of the Security Guard of the ISS. It is stated that the petitioner has been evading arrest, and this Hon'ble Court may direct the petitioner's personal presence to show his bona fides. It is also stated that the allegations against respondents 2 to 5 are without any basis, incorrect and mala fide. It is stated that respondents 3,4 and 5 have no axe to grind in the matter, and that they are doing their official duties bona fidely. Various other facts are mentioned to say that the Writ Petition is liable to be dismissed. It is also staled that 43 cases have been registered against the ISS before the ban, and now 20 cases have been registered against the petitioner.