FALAH-I-AAM TRUST Vs. STATE

JUDGEMENT

(1.) THIS writ petition is directed against order dated July 15 1991, passed by the Tribunal, constituted under Criminal Law Amendment Act of 1983 (for short Act), rejecting petitioners application for adjournment of its proceedings sine -die. Petitioner seeks setting aside of this order and a direction to Tribunal to consider objections regarding validity of Notification before going ahead with the inquiry as envisaged by the Act.

(2.) PETITIONER Trust is said to be a registered Society which has been declared an unlawful Association under the Act vide Notification SRO 10 -H/51 passed by the Government. Aggrieved by the action, Trust Challenged the vires of the Act as also the validity of Notification (SRO 10 -H/51) in writ petition No. 429/1990, which is pending before this court.

(3.) IT is the admitted position that no interim relief was granted by this court to stay operation of Notification impugned. Therefore, Government made reference to the Tribunal seeking confirmation of the action taken by it. Under the provisions of the Act, the Tribunal is to hold an inquiry to adjudicate whether or not there is a sufficient cause for declaring the Association as unlawful.