ZAMEER AHMED LATIFUR REHMAN SHEIKH versus STATE OF MAHARASHTRA & ORS.

Citation: [2010] 4 S.C.R. 1042 · Decided: 23-04-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2010) 4 S.C.R. 1042 
ZAMEER AHMED LATIFUR REHMAN SHEIKH 
v. 
STATE OF MAHARASHTRA & ORS. 
(Civil Appeal No. 1975-1977 of 2008 and Crl Appeal No. 
940 of 2008) 
APRIL 23, 2010 
[R.V. RAVEENDRAN AND DR. MUKUNDAKAM 
SHARMA, JJ.] 
C 
Maharashtra Control of Organised Crime Act, 1999: s. 
2(1)(e). 
Part of s. 2(1)(e) referring to "promoting insurgency" -
Constitutional validity of -
Legislative Competence of 
0 Government of Maharashtra to enact such provision - Held: 
It is within the legislative competence of the State of 
Maharashtra to enact such a provision - Term "promoting 
insurgency" u!s. 2(1)(e) comes within the concept of public 
order - State Legislature is empowered to enact 1a·ws aimed 
E at containing or preventing acts which tend to or actually affect 
public order - Said part of MCOCA relates to maintenance 
of public order which is essentially a State subject and only 
incidentally trenches upon a matter falling under the Union 
List - It cannot be held to be ultra vires in view of the doctrine 
of pith and substance - Constitution of India, 1950 - Article 
F 246, Entry 1 of List I, Entries 1 and 2 of List II rw Entries 1, 2 
and 12 of List Ill of the Seventh Schedule - Doctrines. 
Part of s. 2(1 )(e) referring to "promoting insurgency" -
Challenge to, on the ground of repugnancy with Central 
G Statute-Unlawful Activities (Prevention) Amendment Act, 2004 
- Held: B<Jth the acts operate in different fields and the ambit 
and scope of each is distinct from the other - There is no clear 
and direct inconsistency or conflict between the said 
provisions of the two Acts - Under MCOCA, emphasis is on 
H 
1042 
ZAMEER AHMED LATIFUR REHMAN SHEIKH v. STATE 1043 
OF MAHARASHTRA 
crime and pecuniary benefits arising therefrom - Essential A 
element in UAPA is the challenge or threat or likely threat to 
the sovereignty, security, integrity and unity of India - MCOCA 
does not deal with the terrorist organisations which indulge in 
terrorist activities and similarly, UAPA does not deal with 
organised gangs or crime syndicate of the kind specifically 
B 
targeted by MCOCA - Offence of organised crime under 
MCOCA and offence of terrorist act under UAPA operate in 
different fields and are of different kinds and their essential 
contents and ingredients are a/together different - Unlawful 
Activities (Prevention) Amendment Act, 2004 - ss. 2(1 )(k) and c 
15 - Unlawful Activities (Prevention) Act, 1967 - s. 2(1)(o) 
Constitution of India, 1950. 
Constitution of India, 1950: Articles 245 and 246 -
Legislative competence to enact a particular statute -
Doctrine of pith and substance - Applicability of - Held: This 
D 
Doctrine is applied when the legislative competence of the 
legislature with regard to a particular enactment is challenged 
with reference to the entries in various lists - In such cases, 
Courts will try to ascertain the pith and substance of such 
enactment on a scrutiny of the Act in question -Where 
E 
challenge is made to the constitutional validity of a particular 
State Act with reference to a subject mentioned in any entry 
in List I, the Court has to look to the substance of the State 
Act and if ii is found in the pith and substance that subject 
matter of State Legislation is covered by an entry in State list, 
F 
then any incidental encroachment upon an entry in Union List 
would not render the State law ultra vires the Constitution. 
Doctrines: Doctrine of pith and substance - Applicability 
of - Explained. 
Words and Phrases: 
G 
'Insurgency' - Meaning of - Held: Is a serious form of 
internal disturbance which causes a grave threat to the life of 
people, creates panic situation and also hampers the growth 
H 
1044 
SUPREME COURT REPORTS 
[2010] 4 S.C.R. 
A and economic prosperity of the State. 
B 
'Continuing unlawful activity' - Meaning of - In the 
context of clause (d) of sub-section (1) of s. 2 of the 
Maharashtra Control of Organised Crime Act, 1999. 
'Organised crime' - Meaning of - In the context of 
clause (e) of sub-section (1) of s. 2 of the Maharashtra Control 
of Organised Crime Act, 1999. 
'Organised Crime Syndicate' - Meaning of - In the 
c context of clause (f) of sub-section (1) of s. 2 of the 
Maharashtra Control of Organised Crime Act, 1999. 
D 
'Terrorist act' - Meaning of- In the context of ss. 2(1 )(k) 
and 15 of the Unlawful Activities (Prevention) Amendment Act, 
2004. 
'Unlawful activity' - Meaning of - In the context of s. 
2(1)(o) of the Unlawful Activities

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