J.V. GUPTA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved by Shri J.V. Gupta, retired Chief Justice of Punjab and Haryana High Court and Shri R.K. Mittal, Advocate of Chandigarh, challenging FIR No. 382 of 1992 registered on 15.12.1992 for offences under Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 at Police Station Central, Chandigarh.

(2.) IT appears that it was after the demolition of structures at Ayodhya which took place on 6.12.1992 in Uttar Pradesh that the Local Administration came into action.

(3.) IN this petition it has specifically alleged that Rashtriya Swayam Sewak Sangh referred to as R.S.S. was found in the year 1925. It has no enrollment fee nor it maintains any membership registers. The Central Government issued a Notification on 10th of December 1992 under Section 3 of the Unlawful Activities (Prevention) Act 1967 declaring the R.S.S. as an unlawful association. However, the reasons which were stated to be in writing were not given in the notification though the Notification was given an immediate effect. The above said notification issued by the Central Government is reproduced as under :-