RAJENDRA PRASAD AGARWA1 Vs. UNION OF INDIA

JUDGEMENT

(1.) -Present case, as it appears, is an outcome of erosion while history was on a changing course, which is led to issuance of proclamation under Art. 356 of the Constitution of India (for brevity hereinafter referred to as the Constitution") vide Notification No. G.S.R. 912 dated 6/12/1992 (published in Gazette of India (Extraordinary) (part II) dated Dec. 6, 1992) bringing the State of Uttar Pradesh under President Rule and banning the orgniasations, inter alia, the Rashtriya Swayam Sewak Sangh (for brevity hereinafter referred to as the RSS") by declaring it unlawful vide composite Notification No. S. O. 901(E) dated 10/12/1992 (published in the Gazette of India (extraordinary) dated 10/12/1992 under Sub-Sec. (1) as well as the proviso to Sub-Sec. (3) of S. 3 of the Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967) (for brevity hereinafter referred to as the Act") which reads as :- Whereas the Rashtriya Swayam Sewak Sangh (hereinafter referred to as RSS") has been encouraging and aiding its followers to promote or attempt to promote, on grounds of religion disharmony or feelings of enmity hatred or ill-will between different religious communities; And where as the RSS has been making imputations and assertions that members of certain religious communities have alien religions and cannot, therefore, be considered nationals of India, thereby causing and likely to caused disharmony or feelings of enmity or hatred or ill-will between such members and other persons; And whereas the RSS Swayam Sewaks had participated in the demolition of the structure commonly known as Ram Janama Bhoomi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh on the 6/12/1992; And whereas for all or any of the grounds set out in the preceding paragraphs, as also on the basis of other facts and materials in its possession which the Central Government considers to be against the public interest to disclose, the Central Government is of the opinion that the Rashtriya Swayamsewak Sangh is an unlawful association; Now, therefore, in exercise of the powers conferred by Sub-Sec. (1) of S. 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Rashtriya Swayam Sewak Sangh" to be an unlawful association and direct, in exercise of the powers conferred by the proviso to Sub-Sec. (3) of that Section, that the notification, shall subject to any order that may be made under S. 4 of the said Act, have effect from the date of its publication in the official gazette. No. 11/14034/2(iv)/92-15(DVJ) T. N. Srivastava, Jt. Secretary (Emphasis supplied)

(2.) The application for interim relief, which is for consideration contains the following prayers : a) for staying the operation or enforcement of the impugned notification No. S.O. 901(E) dated 10-12-1992 declaring Rashtriya Swayam Sewak Sangh (RSS) to be an unlawful association. b) for directing that the locks wherever they have been put on the alleged "Karyalas" or Ashrams" of RSS be removed as there is no authority under the law for the same and the State by itself and through its subordinate be restrained from interfering with the persons residing therein."

(3.) Heard the learned counsel for the petitioner Sri V. K. S. Chaudhary, the Senior Advocate assisted by Sri Ashok Mehta, Advocate and Sri S. S. Bhatnagar, the Advocate General, U. P. appearing for the Central Government assisted by Sri U. N. Sharma, the Senior Standing Counsel for the Union of India and Sri P. P. Srivastava, Special counsel appearing for the State of U. P.