Thiruvananthapuram: Widespread protests from its own ranks, fellow travellers and even from the opposition on Sunday forced the CPM and the state government it heads to promise a relook at the charges slapped on two students, both party workers, in Kozhikode under sections of the Unlawful Activities (Prevention) Act (UAPA).
Chief Minister Pinarayi Vijayan said the government will examine the matter and take an appropriate stand. “It is not that the charges come into effect as soon as they have been invoked,” he told rep-orters in Thiruvan-anthapuram. “There is a process. The government will examine it. The committee, headed by Justice P.S. Gopin-andhan (Rtd), will also look into it before accor-ding sanction to go ah-ead with the charges.” The LDF has always been opposed to the law, the Chief Minister pointed out.
Earlier in the day, the CPM state secretariat issued a statement dem-anding that the government drop UAPA char-ges against Alan Shuh-aib and Thaha Fazal, arrested on Saturday. The youngsters have be-en remanded for 14 days.
State police chief Loknath Behera issued a clarification saying the police will conduct an ‘impartial’ investigation before pressing charges. ADGP-law and order and North Zone IG will examine the case.
“At present, there is only a preliminary investigation been done,” he said. “All aspects of the case will be examined after collecting evidence. We will review it to see whether charging UAPA was a valid move. After this, a report will be submitted in the court.”
The secretariat reiterated its stand against applying UAPA against the youngsters. “CPM had opposed this law when it was promulgated. Chief Minister Pinarayi Vijayan has already sought an explanation from the police. The government opposed the move whenever attempts were made to press UAPA charges. We do not believe that innocent people should be charged with UAPA,” it said.
CPM central committee member and LDF convener A. Vijayaraghavan said the party was with the two workers arrested for alleged Maoists links.
The party’s Kannur district secretary M.V. Jayarajan said the police had acted against the government’s stance many times. “Police intervention does not happen as per government’s stance," he said. CPM state committee member P. Jayarajan also criticised booking political activists under the anti-terror law.
CPM Kozhikode district secretary P. Mohanan said that the government would reexamine the matter.
Ace filmmaker Adoor Gopalakrishnan said people should have the freedom to read books of their choice. “The government should take a relook at invoking UAPA sections on the youngsters,” he said.
Filmmaker Aashiq Abu and writer Sunil P. Ilayidom were among the CPM supporters who expressed their resentment.
Mr Abu wondered if the government had no control over the “police criminals and bureaucrats.” He cited the acquittal of alleged child rapist-killers in Walayar, killing of Maoists and a bureaucrat responsible for the death of a journalist walking free.
“That the party that has followers who are victims of the state terror could not do anything (about them) is highly deplorable,” he wrote on his Facebook wall.
Former Kerala High Court judge B Kemala Pasha questioned the police charges against the youngsters on flimsy grounds.
Meanwhile, Opposition leader Ramesh Chennithala said that the Chief Minister, who has failed to rein in the police, should resign.
just Pamphlets won’t do
The recovery of Maoist pamphlets alone will not be enough to slap the provisions of UAPA on anybody, says Justi-ce (Retd) PS Gopinathan, chairman of the sanctioning authority to examine and recommend to the state government whether trial should be held in cases filed under the UAPA or not.
Speaking to reporters on Sunday he said UAPA will prevail only with evidence and the committee has denied permission for slapping UAPA in the absence
of evidence.
Justice Gopinathan said 13 UAPA cases came before the authority and it has denied permission for proceeding with trial in nine of these cases. “Lack of clear evidence was the reason for denying permission for trial. UAPA slapped on these cases based on suspicion”, he added.
In the Pantheerankavu case, involving the arrest of two students, only a first information report (FIR) exists at present. Solid and clear evidence are needed to substantiate the charges mentioned in the FIR, Justice Gopinathan said.
