Membership of banned organisation is UAPA offence: SC

New Delhi: The Supreme Court on Friday ruled that the membership of a banned organisation is bound to be held as an activity against the integrity and sovereignty of the country.

The top court has affirmed the validity of the Unlawful Activities (Prevention) Act (UAPA), 1967, which attributes to memberships.

A bench headed by Justice M.R. Shah reversed the apex court’s earlier decision that mere membership of a banned organisation is not an offence as long as the person does not indulge in crime.

Justice Shah said that if a person continues membership of an organisation, even after it is banned, he/she would be liable to be punished.

A detailed judgment in the matter will be uploaded later in the day.

In the previous judgments, the top court had held that mere membership of a banned association is not sufficient to constitute an offence under the UAPA unless it is accompanied with some overt violence.

Justice Shah, while pronouncing the judgment on behalf of the bench, upheld Section 10(a)(i) of the UAPA which makes membership of an association which has been declared to be unlawful to be an offence.


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