Being a Member of Banned Organization - does not amount to be a Terrorist unless actively involved -
SURESH GODBOLE
(Querist) 05 February 2011
This query is : Resolved
Dear Experts ,
Honble Supereme Court have given judgement with above conclusions .
My Simple Question to Honble Supereme Court is that Generally A Form is asked to be Filled , Or a ceremony of Oath is conducted from a person prior to joining any Organization etc.
While taking the Oath or filling of the Form it is invariably mentioned in the Form which the Signatory accepts in TOTTO that I am accepting the Ideology of the Organization for which it stands for.
Now , this acceptance itself makes the man suceptible in the eyes of LAW .
To give an example , if six people are planning a murder , they accept it , and put a stamp on the blueprint of the plan , but only three people carry out the murder , will not the other three accused of the complicity to murder. Though they were not actively involved in it .
It can be argued that these three persons were not actively involved but were involved in Planning the Murder and so equally liable to be prosecuted.
By the same token it can be said , though being a member of ULFA does not amount to be a Terrorist , but once a person has chosen the IDEOLOGY of UNLAWFUL MEANS TO ACHIEVE HIS GOAL (THRO GUN OR ARMS) He has become HALF TERRORIST . He may be attending their Meetings , conferences , where such ideologies of ULFA, Lashkar-i-Toiba etc would be discussed and planning made to implement them .
If it is proved that ignorantly or under Duress , he is compelled to become a member or for any other HUMAN reason , then he may be pardoned , but if he has become member intentionally and without any duress , HE IS SUPPORTING THEIR IDOLOGY WHICH IS AGAINST HUMAN RIGHTS, OUR CONSTITUTION , and PEACE PROCESS.
In my opinion Honble the Supereme Court may review its judgement. If there are other reasons for this judgement , they must be outlined in the media Reports and the Media be taken to task.
With regards , Suresh Godbole, 0-9929596546
Advocate. Arunagiri
(Expert) 05 February 2011
If any body becomes the member of the banned organization, it is illegal and punishable.
Jainodin shaikh
(Expert) 05 February 2011
Disagreement with the judgment of supreme court and expressing the same in public general (i.e. in open forum on a website) amounts to CONTEMPT OF COURT.
Please try to delete this query!
Jainodin shaikh
(Expert) 05 February 2011
Disagreement with the judgment of supreme court and expressing the same in public general (i.e. in open forum on a website) amounts to CONTEMPT OF COURT.
Please try to delete this query!
Devajyoti Barman
(Expert) 06 February 2011
Yes when the member caomes to know that the organisation is banned he should immediately disassociate himself from the organisation.
Ajay Bansal
(Expert) 06 February 2011
The Supreme Court is correct.If a person becomes member of a gang of ULFA, then it does not mean that he has partcipated in all crimes, commited by ULFA even after his becoming member of same.Mere taking an oath of an organisation does not mean that oather would do that,for doing which he took oath.Anybody can change his whole view for doing an act even after taking of oath of doing that act.
SURESH GODBOLE
(Querist) 06 February 2011
Yes I feel , the query is resolved . May be treated as closed . It seems Honble Supereme Court meant if a person is neither participating in any of the day to day meeting or planning of the criminal acts , he is not a terrorist.
Also the thoughts deep down a person are personal and one cannot be sure that they will remain as such forever.
Also anyone can reform his view after joining the mainstream of Indian Union.
I never meant any disrespect to Honble the Supreme Court and if such a feeling is raised I apologize to Honle Supreme Court .
With regards , Suresh Godbole, 0-9929596546
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2011
Godbole ji pl go through the entire judgment which itself has answers to all your views. I have posted the same in files section.
