GOVERNMENT OF INDIA Vs. KUL HIND ALL INDIA

JUDGEMENT

(1.) : This Writ Appeal is preferred against the judgment of the learned single Judge dated 19th September, 1986 in allowing Writ Petition No. 7657 of 1982.

(2.) The respondent herein (writ petitioner) challenges the proceedings of the Government of India declaring the respondent to be an 'organisation of political nature not being a political party. The said proceedings, was issued by the appellants through their notification dated 27-5-1982 published in the Gazette of India, Extraordinary No. 223, New Delhi dated 31st May, 1982.

(3.) It is the case of the respondent (Writ Petitioner) that the organisation, namely, Kul Hind (All India) Majlis-e-Tamire-e-Millat is said to have come into existence as early as in the year, 1950 and the same was registered under Hyderabad Public Societies Registration Act 1350 Fasli. Originally, the organisation was formed under the name and style "Bazm-e-Ahbab" in June, 1950 and was later changed to 'Majlis-e-Tamir-e-Millat' in November, 1954. In the year, 1958 the name of the respondent-organisation was changed as to its present name. The organisation was formed with the aims and objects of: 1) to propogate Islam teachings, 2) to exert for advance of Indian Muslims, 3) to cultivate mutual relations on the basis of justice among various entities and nationalities and to strive for their rights within the Indian Constitutional limits, and 4) for preservation and development of Urdu as a common language of the land It is further asserted that, as it now stands, its organisational activities have been extended to many States in the country. It has its various branches wherein the membership is extended to the persons who subscribe to the aims and objects of the organisation. The main activities of the organisation, according to the averments made in the affidavit, are sphere-headed mainly on religious education, promoting the talents of younger generation by holding elocution, debating and essay writing competitions, providing aid and assistance to poor and needy students.