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5.1 Learned Solicitor General has relied upon the decision of this Court in the case of Subramanian Swamy & Others v. Raju through Member, Juvenile Justice Board & Another, reported in (2014) 8 SCC 390 on as to when the power of reading down of a provision can be exercised. Reliance is placed on paragraphs 59 to 62 of the said judgment. It is submitted that therefore when language in Section 10(a)(i) of the UAPA Act is very clear and unambiguous and looking to the object and purpose for which UAPA Act was enacted and taking into consideration the plain and literal meaning of a statute and in the absence of any constitutional challenge, it was impermissible for this Court to read down the statute. It is submitted that there was no occasion to “read down” Section 10 of the UAPA Act in absence of a constitutional challenge.

11.3 Even otherwise in absence of any challenge to the constitutional validity of Section 10(a)(i) of the UAPA there was no question of reading down of the said provision by this Court. Therefore, in absence of any challenge to the constitutional validity of Section 10(a)(i) of UAPA, 1967 there was no occasion for this Court to read down the said provision.

11.4 Even otherwise as observed and held by this Court in the case of Subramanian Swamy and others vs. Raju through Member, Juvenile Justice Board and Anr., (2014) 8 SCC 390 reading down the provision of a statute cannot be resorted to when the meaning of a provision is plain and unambiguous and the legislative intent is clear. This Court has thereafter laid down the fundamental principle of “reading down doctrine” as under: