MUHAMMAD RAISUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) By a Notification issued under the provisions of S. 3 of the Unlawful Activities (Prevention) Act, 1967 Jammat-e-Islami Hind (hereinafter referred to as JEIH) has been declared to be an Unlawful Association and it has been further directed that the Notification shall have effect from the date of its publication in the Official Gazette being 10/12/1992. The petitioner, professing to be the President of JEIH, has challenged the said Notification by a petition under Art. 226 of the Constitution and the learned trial Judge has directed the parties concerned to file affidavits, but has, by a speaking order, declined to issue any interlocutory interdiction. The petitioner having felt aggrieved by the non-issuance of any interlocutory order by the learned trial Judge has moved us in appeal.

(2.) Mr. Arun Prakash Chatterjee, the learned Senior Counsel, appearing for the petitioner/appellant, has made it clear that since the writ petition is awaiting disposal by the trial Court, he does not, in this appeal before us, challenge the legality, propriety or otherwise of the Notification declaring JEIH to be an Unlawful Association, but has confined. his argument only against the legality of the Notification so far as it directs its immediate operation under S. 3(3) of the aforesaid Act before the Notification is confirmed under S. 4 of the Act.

(3.) The impugned Notification is reproduced hereinbelow :-