Merely being a member of banned outfit not a crime

Passive membership in a banned organisation will not make a person a criminal,the Supreme Court has ruled.

The Supreme Court reached the conclusion while interpreting Section 3(5) of the Terrorism and Disruptive Activities (Prevention) Act.

The apex court said a person will not be considered a criminal member of a banned organisation unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence.

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A bench of justices Markandeya Katju and Gyan Sudha passed the ruling recently on an appeal filed by Arup Bhuyan,an alleged activist of the banned ULFA,against his conviction by a designated TADA court in Guwahati for being a member of the organisation.

Even assuming that he was a member of ULFA,it has not been proved that he was an active member and not a mere passive member, Justice Katju,who wrote the judgment,pronounced.

Mere membership of a banned organisation will not incriminate a person unless he resorts to violence or incites people to violence or does an act intended to create disorder or disturbance of public peace by resort to violence, the court interpreted.