LAWS(PAT)-1993-3-14

AHMADALIAKHTAR Vs. UNION OF INDIA

Decided On March 02, 1993
AHMAD ALI AKHTAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) A series of writ petitions were filed in this Court in respect of several notifications issued under Section 3 of the Unlawful Acti- vitities (Prevention) Act, 1967, (hereinafter referred to as "the said Act") whereby certain organisations were declared as "Unlawful Associations" within the meaning of the said Act. This particular writ petition has been filed by two petitioners, namely, one Ahmad Ali Akbtar, who has described himself as President, Bihar Zone of Jamrnat-E-Islami Hind (hereinafter referred to as the said "Association") and by one Sri Qumrul Hoda, who has described himself as President, Patna Circle of the said Association. The constitutionality of the said Act and the notification issued thereunder have been challenged on various grounds in this petition. The petitioners have challenged the notification dated 10th December, 1992, issued under section 3 (1) read with proviso to sub-section (3) of Section 3 of the said Act, whereby the said Association was declared as an "Unlawful Association" within the meaning of the said Act (hereinafter referred to as "the said notification") The said notification, which came into effect from the date of its publication in the Official Gazette, subject to any order which may be made under Section 4 of the said Act, is set out hereinbelow :-

(2.) The petitioners have described themselves as citizens of India. It is further stated that they have been active members and also holding the respective offices of the said Association as stated hereinabove. We directed notice to be given to Attorney-General of India as the vires of a Central Act was challenged and Mr. Malhotra has appeared on behalf of the Union of India and the Attorney-General of India.

(3.) Submissions