UNION OF INDIA Vs. RASHTRIYA SWAYAMSEWAK SANGH

JUDGEMENT

(1.) ISSUE notice on the special leave petitions. Mr. U.R. Lalit and Mr. S.S. Khanduja accept notice.

(2.) HEARD learned counsel for the parties, on the question of granting stay of the operation of the impugned order of the Tribunal. The relevant part of Section 3 of the Unlawful Activities (Prevention) Act, 1967, is as follows:

(3.) SO far as the impugned notifications are concerned, power has also been exercised under the proviso to sub -section (3) of Section 3, directing that the notifications shall come into force from the date of their publication in the Official Gazette. But no reasons as required by the proviso to sub -section (3) have been mentioned in the notifications, why they were being brought into force before they are confirmed by the Tribunal. Prima facie it appears that the impugned notifications shall not be deemed to have come into force with effect from the date of their publication. The Tribunal has not confirmed the declarations. As such only by staying the operation of the order of the Tribunal, the notification shall not come into force.