Supreme Court of India,
Judgment delivered by MARKANDEY KATJU, J.
Mere membership of a banned organization cannot incriminate a person unless he is proved to have resorted to acts of violence or incited people to imminent violence, or does an act intended to create disorder or disturbance of public peace by resort to imminent violence.
“Those who join an organization but do not share its unlawful purposes and who do not participate in its unlawful activities surely pose no threat.
Get the full Judgement here Sri Indra Das -Vs- State of Assam