IN THE HIGH COURT OF GUJARAT AT AHEMDABAD SPECIAL CIVIL APPLICATION NO. 11337 of 2001

National Council for Civil Liberties

Versus

Union of India.

CORAM: CHIEF JUSTICE MR DM DHARMADHIKARI and MR. JUSTICE K.A.PUJ

Date of Order: 14/12/2001

ORAL ORDER

(CHIEF JUSTICE MR DM DHARMADHIKARI)

1. This petition has been filed in the name of National Council for Civil Liberties by the petitioner through V.K.Saxena as President of the said Council seeking directions against Union of India to consider the representation made by the petitioner Council for declaring respondent No.3 Narmada Bachao Andolan, an unregistered body led by respondent No.4 to be an unlawful organisation in view of several activities mentioned in the petition which according to the petitioner amount to "unlawful activities" within the definition of clause (f) of Section 2 of The Unlawful Activities (Prevention) Act, 1967. There is prayer also made for exercising the plenary powers of the State by taking necessary action to curb the alleged "unlawful activities" of respondent No.3. There are several other allegations against respondent No.4 and other activists of respondent No.3 Narmada Bachao Andolan. What we find from the provisions of Section 3 of the abovesaid Act is that on the basis of certain information available with the Central Government, it has to first form an opinion for declaring a particular organisation as unlawful organisation and its decision is subject to scrutiny by the Tribunal under Section 4 of the Act.

2. The petitioner admittedly has made allegations against respondent No.4 on which the respondent No.4 has preferred Criminal Complaint which is pending. The petitioner has also filed counter criminal complaint against respondent No.4. The allegations are of defamation against each other. The criminal cases are pending and it would not be proper for us to go into the allegations made in this petition. In the circumstances, we would only direct the Union of India to consider the representations made to it by the petitioner on facts mentioned in this petition and take a decision on the same in accordance with the provisions of the Act or under any other plenary powers of the respondent No.1. With the above direction, the petition stands disposed of.

[D.M.Dharmadhikari, C.J.]

[K.A.Puj, J.]

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