Democratic Illusions Infect Judiciary in India’s Repressive State

[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

Person can’t be taken into custody just because he is a Maoist, Kerala HC rules

Justice AM Muhammed Mushtaq said that a Maoist can be arrested and put behind the bars only if he or she indulges in unlawful or anti-national activities.

KOCHI: In a significant development, the Kerala high court made it clear that a Maoist cannot be taken into police custody just because of his political leanings.  Justice A M Muhammed Mushtaq, in his order on Friday, said that a Maoist can be arrested and put behind bars only if he or she indulges in unlawful or anti-national activities.  “Being a Maoist is no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations,” Justice Mushtaq said in his order.The court was hearing a petition filed by Shyam Balakrishnan of Wayanad stating that he was arrested and harassed by the Thunderbolt team — a special police unit – for alleged Maoist links. The court ordered a compensation of Rs one lakh for the petitioner and also asked to state to pay litigation costs of Rs 10, 000. Continue reading