Membership of banned organization no crime

It's quite an interesting rule by the Apex court.I personally feel there is a little contradiction in this stand!

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!

You are right, Kalyani! That's why I call it contradictory and accordingly flawed!

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.

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.

It is a nice judjement from Supreme Court.Many youths are hunted being the member of a banned organisation in some day.

Why youths should be joining banned organizations of all organizations? If they love to be hunted,even God can't help it!!!

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.

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.

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.

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]

If they are joining after banning the organisation they have criminal mind.But if they had joined before ban we cannot say so.

We are discussing membership of "banned organization" not the organizations which would face ban or not!

chinmoymukherjee wrote:
[quote]We are discussing membership of "banned organization" not the organizations which would face ban or not![/quote]

Membership of banned organisation has this meaning also.That is one was a member of RSS for a long.On a morning it banned.How can we blame him for being in that ?

Abid Areacode wrote:
[quote]chinmoymukherjee wrote:
[quote]We are discussing membership of "banned organization" not the organizations which would face ban or not![/quote]

Membership of banned organisation has this meaning also.That is one was a member of RSS for a long.On a morning it banned.How can we blame him for being in that ?[/quote]

An organization is banned only for having indulged in unlawful or treacherous and anti national activities. If some body joins an organization in full knowledge of unlawful activities, he is a fault even before banning of organization. One must immediately leave or disown an organization when he comes to know of undesirable activities of an organization or when the ban is effective. If some one has been active member of such organization, he cannot escape in any circumstances.

Leaving aside the technicality whether the ban is effective before or after one joins,I am sure, the Apex court would surely one day reverse this faulty judgement.