Being Maoist is not a crime, rules Kerala High Court

A person cannot be arrested merely based on his/her’s affiliation to the organisation, rules Kerala High Cout bench. (Source: Express Archive)

In a setback to the Kerala Police, the state’s high court on Friday said that being a Maoist is not a crime and a person can not be arrested merely based on his/her’s affiliation to the organisation.

Acting upon a writ petition filed by Shyam Balakrishnan, alleging that police took him into custody on suspicion of being a Maoist, a high court bench headed by Justice Muahmmed Mustaque said a person could be arrested only if he is involved in any unlawful activity.

“Being a Maoist is not a crime. Freedom of thought and liberty of conscience is a natural right. Freedom becomes unlawful only when it concerns the physical law of the State,” said the judge in his verdict.

The court asked the state government to pay a fine of Rs 1 lakh as compensation to the petitioner and Rs 10,000 towards lawyer expenses.

Balakrishnan, a native of Wayanad, was taken into custody by the Thunderbolt, a special wing of Kerala Police to tackle Maoists, on 20 May, 2014. When he was riding a two-wheeler, police waylaid Balakrishnan and took him into custody based on their local “intelligence sources” who alerted the police about his movements.

Police took him into the station and later a strong contingent of police raided his house, seized his laptop and mobile phone. Balakrishnan remained in police custody for nine hours. Police also tortured him to ascertain the identity of his friends, who appeared as strangers to the police intelligence sources.

Balakrishnan moved the high court against the illegal custody of police, alleging that the police action infringed upon the Article 21 of the Constitution.

In Kerala, several persons have been arrested for their suspected Maoist links and were jailed under various sections of the Unlawful Activities Prevention Act. Last month, three activists of the Revolutionary Democratic Front, which is suspected as a pro-Maoist outfit, were arrested after they were found distributing pamphlets supporting ultra-Left ideology.

Source:: Indian Express