HC dismissed the bail of alleged Maoist activists

On Tuesday the High Court of Kerala dismissed the bail plea of Thushar Nirmal Sarathy and Jaison C Cooper, who allegedly belong to a Maoist front organisation and were behind the attack on NHAI office.

While turning down the bail pleas, justice B Kemal Pashad held that the contents of the case diary prima facie reveal their complicity and the matter requires thorough and continued investigation. Considering the seriousness of the allegation and the present stage of investigation, it is premature to grant bails now, the court said.

Petitioners’ counsel KS Madhusoodanan had argued that the investigating officers have not collected any evidence to show any imminent threat or danger to the peaceful life in the country from the part of the petitioners. Therefore, no unlawful activity, as defined under section 13 of the Unlawful Activities (Prevention) Act (UAPA) of 1967, occurred, he submitted.

Further, the counsel submitted that absolute human rights violation is going on in forests wherein basic human rights are being denied to tribals. This leads to severe unrest among the tribal community. By forming an association for their protection and by lending support for the protection of their basic human rights, an organisation cannot be styled as a terrorist organisation, he argued.

Opposing this, director general of prosecution (DGP) T Asaf Ali submitted that ‘Janakeeya Maushyavakasha Prasthanam’, in which the petitioners are members, is a front organisation for Maoist activities, which is banned as per UAPA. UAPA not only identifies CPI (Maoist) as a terrorist organisation, but all its formations and front organisations are also banned, the DGP argued.

While dismissing the petitions seeking bails, the court upheld the DGP’s argument and noted in the judgment that it is a matter that requires continued investigation.

Src:- http://timesofindia.indiatimes.com/city/kochi/Kerala-HC-declines-bails-to-alleged-Maoist-activists/articleshow/46447729.cms

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