tag:blogger.com,1999:blog-5753026395139707227.post7561763858844294211..comments2024-01-10T10:07:29.412+05:30Comments on Law-in-Perspective: Member of illegal organisation not automatically guilty: Supreme CourtUnknownnoreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5753026395139707227.post-87134179648006233002011-01-06T07:56:20.382+05:302011-01-06T07:56:20.382+05:30Dear Ashish,
As committed, we have posted a blog ...Dear Ashish,<br /><br />As committed, we have posted a blog on this very aspect. Have a look.<br /><br />http://legalperspectives.blogspot.com/2011/01/judgment-authority-for-what-it-decides.html<br /><br />Hope it carries the understanding further.Tarun Jainhttps://www.blogger.com/profile/04011672832281826827noreply@blogger.comtag:blogger.com,1999:blog-5753026395139707227.post-55209953257810272992011-01-05T20:39:32.791+05:302011-01-05T20:39:32.791+05:30In fact, to look in retrospect, your comment gives...In fact, to look in retrospect, your comment gives us the point for a post on this blog which we will soon feature.<br /><br />:)Tarun Jainhttps://www.blogger.com/profile/04011672832281826827noreply@blogger.comtag:blogger.com,1999:blog-5753026395139707227.post-73694007856656703602011-01-05T20:38:27.104+05:302011-01-05T20:38:27.104+05:30Dear Ashish,
Good to hear from you. Also for the ...Dear Ashish,<br /><br />Good to hear from you. Also for the reason that it makes us feel responsible for our updates in as much as our words are read closely and scrutinized. This happens only when the content is taken seriously.<br /><br />In any case, regarding your comment, the Supreme Court did hold that "that the P.F.I. is an illegal organization". However what the Court did was to determine that in case even if the organization was found to be illegal, on that pretext could the members have been found to be guilty. <br /><br />Therefore what the Court has chosen to do is that it has decided on the liability of the members in cases where the organization is illegal whereas it has chosen to leave the question open on the factual matrix of PFI as to whether it is an illegal organization.<br /><br />As regards the binding nature of judicial precedent, the test and the law to this regard is settled that a decision is an authority for what it decides and not from what can be logically concluded therefrom. <br /><br />Therefore question is whether the court actually decided whether a member of an illegal organization can be convicted automatically? In my view the answer is that the Court indeed decided the question. If you see the last paragraph of the post, which has been highlighted, the Court did bring to India the test laid down by the US Supreme Court and thus held that even if an organisation is found to be illegal, its members cannot automatically be found guilty.<br /><br />What the Court has not decided is whether PFI is an illegal organization and thus this question would be examined in a subsequent matter.<br /><br />Hope that clarifies.Tarun Jainhttps://www.blogger.com/profile/04011672832281826827noreply@blogger.comtag:blogger.com,1999:blog-5753026395139707227.post-498247984183397712011-01-04T19:12:22.284+05:302011-01-04T19:12:22.284+05:30Sir,
In my understanding, the Hon'ble Court h...Sir,<br /><br />In my understanding, the Hon'ble Court has held that, and I quote:<br /><br />"Moreover, even assuming that the P.F.I. is an illegal organization, we have yet to consider whether all members of the organization can be automatically held to be guilty."<br /><br />In this regard, request you to kindly clarify your statement:<br /><br />"Holding that all members of an illegal organisation cannot be "automatically held to be guilty", the Supreme Court in a decision pronounced yesterday..."<br /><br />I raise this question as the Hon'ble Court has only stated that the Court is yet to consider the question. The Court has only categorically stated that:<br /><br />"In the present case there is no evidence as yet to prove that the P.F.I. is a terrorist organization, and hence the respondent cannot be penalized merely for belonging to the P.F.I."<br /><br />Now, since the question before the Court was not directly pertaining to whether all members of an illegal organization can be held automatically guilty, even an observation by the Hon'ble Court that they agree with the judgments of the US Court, in my opinion, would not be binding.<br /><br />Request you to kindly clarify.<br /><br />RegardsAshish Virmanihttps://www.blogger.com/profile/11272380541368986056noreply@blogger.com