The state Anti-Terrorism Squad (ATS) has requested the Centre to ban Sanatan Sanstha, the right-wing outfit whose members are accused in the 2006 and 2008 Malegaon blasts.
In an affidavit filed before the Bombay high court, the ATS stated that the authority to declare an organisation unlawful is with the central government under section 3 of the Unlawful Activities (Prevention) Act (UAPA).
The affidavit filed by police inspector Rajaram Mandage states that it would be up to the Centre to independently investigate and assess whether the outfits can be declared as terrorist organisations.
The affidavit has annexed a copy of the proposal marked as "secret" sent by the additional chief secretary of the home department to the director of Ministry of Home Affairs in April 2011 informing that three bomb blast cases have been registered against the Sanstha activists.
A letter attached to the affidavit says that the activists of the outfit were motivated from the writings in Sanatan Prabhat publication of the Sanatan Sanstha.
The government has concluded that the organisation (Sanatan Sanstha) is liable to be banned with its affiliated sister concerns Hindu Janjagruti Samiti and Dharna Shakti Sena, the letter says. It has requested the Centre to consider the recommendation and declare the outfits as unlawful and include its name in the UAPA as a terrorist organisation.
Division bench of Justice DD Sinha and Justice VK Tahilramani on Friday asked about the Sanstha's objective. The lawyer appearing for the organisation submitted that the Sanstha's purpose is to promote Hindu religion.
The court also wanted to know under what provision an organisation can be banned. Sanstha's lawyer and petitioner's lawyer JD Khairnar said that as per the affidavit, the organisation can be banned only under UAPA.
The court has directed the Sanstha to file a reply within two weeks.
