Whereas Shri Sirajul Hasan, Amir of the Jamaat e Islami Hind hereinafter referred to as JEIH declared in a meeting at Delhi held on the 27th May, 1990 that the separation of Kashmir from India was inevitable.
In the inquiry before the Tribunal, the only material produced by the Central Government was a resume prepared on the basis of some intelligence reports and the affidavits of T.N. Srivastava, Joint Secretary in the Ministry of Home Affairs and N.C. Padhi, Joint Director, lB., both of whom spoke only on the basis of the records and number from personal knowledge.
The broad submission of Shri Soli J. Sorabjee on behalf of the said association is, that in the event a companystruction is made of the provisions of the said Act and the Rules framed thereunder, which give a reasonable opportunity to the association to show cause why it should number be declared unlawful, these provisions would be saved from the vice of unconstitutionality.
The alternative challenge to the companystitutionality of the provisions is made, only if such a companystruction cannot be made.
And whereas Shri Abdul Aziz, Naib Amir of JEIH, addressing a meeting at Malerkotla on the 1st August.
A numberification dated 10.12.1992 published in the official Gazette the same day was issued by the Government of India in the Ministry of Home Affairs, as under MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 10th December, 1992 O. 898 E .
The above writ petition has been filed in addition to the said appeal, in the alternative, for a declaration that the provisions of the said Act and the Rules framed thereunder are unconstitutional and ultra vires some of the fundamental rights guaranteed in the Constitution of India.
S. VERMA, J. The above appeal by special leave is against the order dated 11.4.1994 passed under Section 4 of the Unlawful Activities Prevention Act, 1967 hereinafter referred to as the Act by the one member Tribunal companyprising of BM.
