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Report No. 43

8.2. Constitutional aspects discussed before the Joint Committee.-

During the consideration of the Bill (which led to the Act of 1967) in the Joint Committee discussions took place as to whether the legitimate expression of one's honest opinion about the giving up of a certain territory to a foreign state, would be attracted by the penal provisions of the Bill. The Attorney-General1, while referring apparently to the penal provisions relating to 'unlawful activity2, said in his evidence before the Joint Committee3:-

"Judicially, it is interpreted to mean inciting anyone to action for the purpose of obtaining a particular end. May I say that in my opinion, if we have to give away something or half of our territory and so on, that does not come within that mischief."

1. Shri C.K. Daphtary.

2. Section 13.

3. Lok Sabha, Joint Committee on the Unlawful Activities (Prevention) Bill, 1967-Evidence, (November 1967), p. 12.

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