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:
- VERMA, JAGDISH SARAN (J)
- BHARUCHA S.P. (J)
- 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:
- Jamaat-E-Islami hind is an all india association, proffesing secular and oneness in god and and brother hood.
- 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.
- Jamaat-e- Islam Hind denied the same stating that this were wrongly interpreted.
- There fore the central government u/s 3 of Unlawful Activities (Prevention) Act, 1967 declared the Jamaat e Islami Hind an unlawful association.
- The concerned tribunal declared the act to be ultra virus. Hence civil appeal was filed.
Issues:
- Does the association fall under u/s 3 of the the said act?
- 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.