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Prakash Yedhula (Lawyer)     05 February 2011

Just being member of banned outfit not a crime: SC


Members of banned organizations cannot be treated as criminals by police till they indulge in or incite violence, the Supreme Court ruled on Friday.

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 1 Replies

mohd. muqim khan (lawyer / advocate)     06 February 2011

i m fully agree with d ruling. unless n untill, it is proved dat d person, who is a member of banned organisation is or was indulging in anti/illegal activities, he even should not b arrested by police machinery only on d basis of his membership with banned organisation. further it can be taken into consideration dat when a person got his membership, 8 dat time, the said organisation might have not been indulging in any illegal activities or ideology of such organisation may be still nice n progressive but some members of d organisation if drailed from its right path of ideology, in such case, etire organisation should not b blamed unless, it is proved dat d ideology has been changed. in fact, every act should b seen n investigated first without being biased with any organisation n no direct allegation / blame against any organisation should b made only because a member of such organisation is caught for any illegal act unless proved.

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