Kerala Hc: Being A Maoist Is Not A Crime, Arrest Only If Person Has Committed Crime

Discussion in 'Politics & Society' started by TejasMK3, May 22, 2015.

  1. TejasMK3

    TejasMK3 Regular Member

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    Kerala HC: Being a Maoist is not a crime, arrest only if person has committed crime

    In what could spell relief for many activists and others being branded as "Maoists" in Kerala, the court has observed that being a Maoist is not a crime and security forces cannot imprison someone on the basis that they were Maoists. The High Court has said that the state should arrest only those who have committed a crime, believing in an ideology like Maoism is not a crime in itself.

    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. The High Court has also said that the state, in many cases, moved in to nab Maoists like a hunter catching its prey, which is why the state itself calls it “Maoist hunt”.

    In addition to this, Justice Muhammed Mushtaq said that lately, circumstances in the state were such that anyone could be arrested and imprisoned for being a Maoist. The Judge has asked Kerala government to pay a compensation of Rs 1 lakh to Shyam Balakrishnan.

    Lately, the Kerala government and police have come under severe criticism for arresting activists, journalists and others with alleged Maoist links.



    Hmm...How does it work for someone like Shammi witness, again there was no crime committed, but was actively tweeting about ISIS stuff. Or someone peddling terrorist ideology, wait for the crime to be committed?
     
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  3. gslv

    gslv Regular Member

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    How idiotic one can more be, so if someone posts to bomb India while sitting in India wait till he bombs.
     
  4. DingDong

    DingDong Senior Member Senior Member

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    The Civil Society has penetrated the Indian Judiciary. Many Judges are in "Activist" mode. It was evident from Teesta Setalvad case.
     
  5. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    So if any body sitting in india just tweets and supports ISISI/al-queda/or any other terrorist order wont be arrested since he hasnt done any crime himself

    seriously need to check what happening in kerala

    By the way how was judge can we have details
     
  6. Illusive

    Illusive Senior Member Senior Member

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    I could have understood if the potential criminal was a normal civilian with a clean background. But when this guy comes from a group which has actively participated in mass killings of civilians and soldiers, its absurd to assume they are not a threat and coming this from a judge of a high court is really worrying.
     
  7. Illusive

    Illusive Senior Member Senior Member

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    Well thats the point isn't it, anybody belonging from a designated and recognized terrorist organization is a threat regardless if they have commited a crime or not because they intent to with regards to the motive of their organization.

    If we common people can understand this then why a HC judge can't see it.
     
  8. jackprince

    jackprince Turning into a frog Senior Member

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    HC order itself seems to ignore the law. CPI(Maoist) is a banned organisation from 2009 under Unlawful Activity Prevention Act. Then, how can not a present member of a banned party can be a criminal/ or a party to unlawful activity and thus cannot be detained. Govt. should move to SC.

    And, again what Modi warned the judges is coming true - the judges becoming activists.
     

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