Kochi: In a significant judgment that is bound to cheer the Maoists and dismay the state government, Kerala High Court on Friday held that being a Maoist is not a crime and that the police cannot detain a person merely because he is a Maoist. “The cops can detain a person only after finding that his/her activities are unlawful,” it said.
“Being a Maoist is no crime; Though the political ideology of Maoists would not synchronise with our Constitution, it is a basic human right to think in terms of human aspirations.
The freedom of thought and liberty of conscience is a natural right and cannot be surrendered by any human being and that freedom is ingrained in the human mind and soul,” the court observed.
Justice A. Muhamed Mustaque of the court was passing the order on a petition by Shyam Balakrishnan of Wayanad, son of former judge Justice K. Balakrishnan, who was detained by the cops alleging Maoist links.
The judge also observed, “the state move to nab the Maoist like a hunter vying for the prey is nothing but disguised aberration of law in uniform and the protector has become the aggressor.” The court heavily criticised the police, but stressed the need to curb the Maoists’ activities if they violated the law of the land.
The judge slapped a fine of Rs 1 lakh towards compensation to Shyam Balakrishnan who had alleged police harassment and sought relief. The state was also ordered to pay the litigation cost of Rs 10, 000 along with compensation.
The petitioner submitted that the police had detained him and a force of around 20 personnel had conducted illegal search in his house on May 20, 2014. He sought a directive to initiate disciplinary action against DySP Mananthavadi and Sub-Inspector of Vellamunda police station.
The state submitted that it had taken steps to prevent the illegal activities of the Maoist groups who were concentrating on the forest area within the Vell-amunda police station.
Criticising the government, the court observed, “the state police violated the liberty of the petitioner by taking him into custody without satisfying that he had been involved in any offence. It is unfortunate that a responsible government has refused to call it as a mistake on its part and render an apology. The state stridently defended the police action as part of its duty to combat Maoists. The liberty of the individual, however small or high, has to be protected. The police have to show sensitiveness and appeal to the intelligence while exercising the power bestowed on them,” it said.
