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Membership of banned organization no crime
in Current Affairs & Latest News
The supreme Court has ruled that mere membership of a banned organization is not crime. One can be booked only if he actively indulges or abets crime.

http://timesofindia.indiatimes.com/india/Just-being-member-of-banned-outfit-not-a-crime-Supreme-Court/articleshow/7428601.cms

G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

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    It's quite an interesting rule by the Apex court.I personally feel there is a little contradiction in this stand!
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    If joining a banned organization is not a crime, then why ban the organisation in the first place?? Usually when some kind of criminal or socially diruptive factors are involved within an organisation, only then such organisations are banned. If joining such an outfit is not a crime then what is?
    I fail to understand the logic behind this ruling!

    "I am free of all prejudice. I hate everyone equally."
    - W. C. Fields :)

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    You are right, Kalyani! That's why I call it contradictory and accordingly flawed!
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    chinmoymukherjee wrote:
    [quote]You are right, Kalyani! That's why I call it contradictory and accordingly flawed![/quote]


    Apparently, there is some lacuna in legal drafting. If there is no specific provision in law for proceeding criminal proceedings for mere membership of a banned organization, there will be no punishment. Our legal system is written and codified. Nothing goes on common sense and presumption.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

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    Law is the highest form of rationality and every statute is supposed to meet the intention of the lawmakers and if there is any lacuna as such, the court ought to have pointed that out instead of delvering a judegement which is patently flawed.
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    It is a nice judjement from Supreme Court.Many youths are hunted being the member of a banned organisation in some day.
    Visit my blogs:

    http://abidareacode.blogspot.com
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    Why youths should be joining banned organizations of all organizations? If they love to be hunted,even God can't help it!!!
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    chinmoymukherjee wrote:
    [quote]Why youths should be joining banned organizations of all organizations? If they love to be hunted,even God can't help it!!![/quote]

    I totally agree. Mere joining of a banned organization points out guilty mind. A peace loving and law abiding citizen would not join or support any organization that runs on terrorism or acts against law of the land. Democracy does not include right to subvert constitution and stage war against a lawfulness elected government through undemocratic and violent means.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

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    chinmoymukherjee wrote:
    [quote]Why youths should be joining banned organizations of all organizations? If they love to be hunted,even God can't help it!!![/quote]

    I totally agree. Mere joining of a banned organization points out guilty mind. A peace loving and law abiding citizen would not join or support any organization that runs on terrorism or acts against law of the land. Democracy does not include right to subvert constitution and stage war against a lawfulness elected government through undemocratic and violent means.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

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    chinmoymukherjee wrote:
    [quote]Why youths should be joining banned organizations of all organizations? If they love to be hunted,even God can't help it!!![/quote]

    I agree. any law abiding youth will not join an organization that subverts constitution and declares war against constitutionally elected government.

    I also agree that lacuna in law should be plugged to punish even mere member of a banned organization.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

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