DEENDAR ANJUMAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner in the instant writ petition is Deendar Anjuman represented by its Secretary, Syed Siddique Hussain. The notification issued by the Government of India under proviso to Section 3(3) of the Unlawful Activities (Prevention ) Act, 1967 (for short 'the Act') vide Notification S.O. No. 373 (E), Ministry of Home Affairs, Government of India, published in the Gazette of India, Extraordinary on 28-4-2001 is impugned in this writ petition. By the said notification the Government of India declared the petitioner association organisation as an unlawful association with immediate effect. By the very said notification, the Central Government, in exercise of the power conferred by sub-section (1) of Section 3 of the Act, declared the petitioner association to be an unlawful association. The challenge in the present writ petition has been confined to the exercise of the power by the Central Government under the proviso to sub-section (3) of Section 3. The controversy, thus, is a limited one. The Court in the instant writ petition is not concerned with the legality and validity of the notification issued by the Government of India under sub-section (1) of Section 3 of the Act.

(2.) Before adverting to the question as to whether the impugned notification issued under proviso to sub-section (3) of Section 3 of the Act suffers from any legal and constitutional infirmity, it may be necessary to briefly notice the relevant facts :

(3.) According to the averments made in the affidavit, Deendar Anjuman is an association founded by Siddiq Deendar Chennabaseshwar (1886-1952). He was born as Syed Siddique Hussain at Balampet of Gulbarga District. In the year 1924 he experienced a revelation that he was Cennabaseshwar whose advent is prophesied in the Kannada Kalagnanam of the Lingayat tradition. He later on moved to Hyderabad and founded Deendar Anjuman.