High Court of Assam

2 judgments

Arup Bhuyan v. Assam State

24 Mar 2023 · M. R. Shah · 2023 INSC 292

The Supreme Court held that mere membership of a banned organization without active involvement in unlawful activities does not attract criminal liability under Section 10(i) of the UAPA, affirming constitutional protections for freedom of association.

criminal appeal_allowed Significant Unlawful Activities (Prevention) Act, 1967 Section 10(i) membership liability freedom of association

Arup Bhuyan v. Assam Rajya

24 Mar 2023 · M. Rahman

The court held that mere membership in a banned organization under UAPA is not punishable unless accompanied by active involvement or incitement to violence, ensuring constitutional protections under Articles 14, 19, and 21.

criminal appeal_allowed Significant Unlawful Activities (Prevention) Act, 1967 Section 10(1)(a)(i) membership liability fundamental rights