Mere membership of banned organisation is not a crime: SC

Mere membership of a banned organisation does not make a person criminal unless he or she resorts to violence or incites others to violence, the Supreme Court has ruled.

An SC bench of justices Markandeya Katju and Gyan Sudha Mishra passed the order while upholding the appeal filed by Arup Bhuyan, an alleged activist of the banned ULFA challenging his conviction by a designated TADA court in Guwahati for being a member of the organisation.

"In our opinion, Section 3(5) cannot be read literally as otherwise it will violate Articles 19 9(free speech) and 21 (liberty) of the Constitution. It has to be read in the light of our observations made above.

Hence, mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence," a bench of justices Markandeya Katju and Gyan Sudha Mishra said in an order.

The ruling comes at a time when the Raipur sessions court's conviction and imprisonment of noted civil liberties activist and paediatrician Binayak Sen in the high court.

Section 3(5) of the TADA makes mere membership of a banned organisation a criminal offence though in this case Bhuyan denied any membership with the ULFA.