Judgement: Jamaat-E-Islami Hind vs Union of India

Case Name –   Jamaat-E-Islami Hind vs Union of India

Citation: 1995 SCC (1) 428, JT 1995 (1) 31

Bench:

  1. VERMA, JAGDISH SARAN (J)
  2. BHARUCHA S.P. (J)
  3. PARIPOORNAN, K.S.(J)

Introduction:

This case is regarding the nature of an association being constitutional or not. The findings of the tribunals were challenged through a special leave petition.

Facts of the case:

  1. Jamaat-E-Islami hind is an all india association, proffesing secular and oneness in god and and brother hood.
  2. However on 10th December 1992, the ministry of home affairs issued a notification stating that Shri Sirajul Hasan, Amir of the Jamaat-e-Islami Hind

declared in a meeting at Delhi held on the  May,1990 that the separation of Kashmir from India was inevitable.

  1. Jamaat-e- Islam Hind denied the same stating that this were wrongly interpreted.
  2. There fore the central government u/s 3 of Unlawful Activities (Prevention) Act, 1967 declared the Jamaat e Islami Hind an unlawful association.
  3. The concerned tribunal declared the act to be ultra virus. Hence civil appeal was filed.

 

 

Issues:

  1. Does the association fall under u/s 3 of the the said act?
  2. Whether the said is unconstitutional

 

Judgement:

The civil appeal was allowed and the actions towards the association was kept up to futher investigations on material evidences if placed before.the The writ petition was dismissed.

 

 

 

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