Union Of India v. Rashtriya Swayamsewak Sangh And Another

Order

1. Issue notice on the special leave petitions. Mr U.R Lalit and Mr S.S Khanduja accept notice.

2. Heard learned counsel for the parties, on the question of granting stay of the operation of the impugned order of the Tribunal. The relevant part of Section 3 of the Unlawful Activities (Prevention) Act, 1967, is as follows:

“3. (1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.

(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:

Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose.

(3) No such notification shall have effect until the Tribunal has, by an order made under Section 4, confirmed the declaration made therein and the order is published in the Official Gazette:

Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under Section 4, have effect from the date of its publication in the Official Gazette.”

(emphasis supplied)

3. So far as the impugned notifications are concerned, power has also been exercised under the proviso to sub-section (3) of Section 3, directing that the notifications shall come into force from the date of their publication in the Official Gazette. But no reasons as required by the proviso to sub-section (3) have been mentioned in the notifications, why they were being brought into force before they are confirmed by the Tribunal. Prima facie it appears that the impugned notifications shall not be deemed to have come into force with effect from the date of their publication. The Tribunal has not confirmed the declarations. As such only by staying the operation of the order of the Tribunal, the notification shall not come into force.

4. Counter-affidavit, if any, to be filed within three weeks from today. Reply affidavit within a week thereafter. It will be open to the petitioner to move Hon'ble the Chief Justice, for fixing an early date, for hearing the special leave petitions.

Court Master