Case Name – Jamaat-E-Islami Hind vs Union of India
Citation: 1995 SCC (1) 428, JT 1995 (1) 31
- VERMA, JAGDISH SARAN (J)
- BHARUCHA S.P. (J)
- PARIPOORNAN, K.S.(J)
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.
- Does the association fall under u/s 3 of the the said act?
- Whether the said is unconstitutional
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.