Up until last week, membership of a banned organization would have meant breaking the law. But that was until the Supreme Court ruled that such membership wasn’t a crime, unless there was proof of acts of violence or incitement to such deeds. The government is now preparing to appeal against the judgement. This appears to make for good security sense.
No militant organization works simply with guns and bombs—hearts and minds play a key role as well, hence the importance of their political wings and the wider passive support they may generate.
Given the difficulties of getting hold of the actual perpetrators of violence, allowing immunity to those who “only” belong to such banned groups could be an incentive for membership. Such “mere members” may need to be dealt with if militant outfits are to be acted against for wrongdoing. Appealing against the apex court’s judgement is the correct step in this process.