[The Indian state, thoroughly repressive toward over 90% of the people in India, has often claimed, since being “granted” independence by the British Empire, that it is democratic, even “the world’s largest democracy.” This claim is belied by the brutal displacement and oppression of the majority of the people–the adivasis, dalits, the peasantry, the women of the oppressed castes and classes, Muslims, political opponents of the neo-colonial, semi-feudal state and their imperialist masters, and the Maoists (and all other opponents loosely, and falsely, labelled “Maoists”). As the opposition continues to grow against the oppressive police state, the contradiction with the democratic myth has grown sharply, infecting even the ranks of the repressive judiary. The rebellious people will carefully study how these “democratic dissidents in high places” will be dealt with by the repressive “powers-that-be”. — Frontlines ed.]
Person can’t be taken into custody just because he is a Maoist, Kerala HC rules
Balakrishnan, incidentally the son a former HC judge, had submitted that the police took him into custody and conducted an illegal search in his house. He termed the police action as infringement of fundamental rights and sought a directive to the state government to initiate disciplinary action against the DySP of Mananthavadi and sub-inspector of Vellamunda police station.However, the court declined to issue such a directive. “If the individual or organisation abhors and resorts to physical violence, law agency can prevent or take action against individuals or organisations,” the order said. The court added that the petitioner could approach the police complaint authority for action against the cops.
In its submission, the state government said that it had taken steps to prevent illegal activities of the Maoist group who were active in the forest area within Vellamunda police station limits.
Welcoming the order, human rights activists Jaison C Cooper and Thushar Nirmal Sarathy, who were arrested under Unlawful Activities (Prevention) Act (UAPA) and were in jail for 47 days, said that it will help raise awareness among citizens on human rights. “However, there have been several judgments by the Supreme Court and high courts on these lines, yet the violations have continued. Ideally, in this case, the compensation should have been collected from the police personnel who violated the law rather than from the public exchequer,” Jaison warned.
Thushar said that the police force in the country and the state have been indulging in human rights violations in the name of such links. “While there is no cause for rejoicing, we can always hope for something better.”
Noted activist and president of Anweshi, K Ajitha also welcomed the order, and said that just because a person finds a political ideology interesting or agrees with certain principles of Maoist ideology, he or she cannot be termed a criminal. “There are a lot of people in society who might agree with the stand taken by the Naxals or Maoists as they might find that it was done for the weaker sections or for the larger good,” she said.