news Thursday, June 25, 2015 - 05:30
The State government on Wednesday submitted to the Kerala High Court that the Single Judge verdict on May 22, declaring that being Maoist was not a crime is “illegal”. According to a report in The New Indian Express, the state government made the submission against the appeal after the court had directed the state to pay a sum of Rs 1 lakh to Shyam Balakrishnan of Wayanad for detaining him for being a Maoist. In the appeal, the state reportedly mentioned that under Section 13 of the Unlawful Activities Prevention Act, illegal activities would constitute encouraging, assisting, guiding or initiating unlawful activities. The state therefore reasons that any activity, however innocent, if capable of inciting violence, is criminal. Also Read: Kerala HC: Being a Maoist is not a crime, arrest only if person has committed crime “Nobody can proclaim himself to be a Maoist. Therefore, the finding of the learned Single Judge is illegal and liable to be dismissed,” the State reportedly submitted. The state added that the CPI Maoist was banned under the UAPA. “Maoist organisations are advocating armed rebellion to overthrow the established government, and therefore they are advocating, encouraging and indulging in anti-national and seditious activities against the country,” the State reportedly submitted. Earlier, the HC had observed that though Maoism may not be a system of administration recognised by the Constitution, believing in an ideology like Maoism is not a crime by itself. It further added that every individual has the right to think for the progress of human beings, but it becomes problematic only when the ideology is used against the law of the land. The court’s observations came while it was hearing a case of alleged torture by the "Thurderbolt" commandos of the Kerala police. The petition had been submitted by a person named Shyam Balakrishnan, son of a former High Court judge who was detained by the anti-Naxal force alleging Maoist link. Shyam, who was arrested on May 20, 2014 from Wayanad, alleged that he was stripped and subjected to a body search by the commandos. The police had also conducted a search on Shyam's house.  Also Read: Explainer: On what basis did the Kerala HC say that being a Maoist is no crime?
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