Actively Involved In Propagating Ideology Of Revolt Against Elected Governments: Kerala HC Refuses Bail To Maoist

The Kerala High Court has dismissed an appeal against the refusal of bail to an alleged Maoist, Vijith Vijayan, holding that the accused was actively involved in propagating the ideology of revolt against elected governments. Vijith Vijayan is the fourth accused in the case involving Thwaha Fasal and Allan Shuaib, who were granted bail by the Supreme Court.

The Bench comprising of Justice K. Vinod Chandran and Justice C. Jayachandran held that the accused occupied an important position at the organizational level in the proscribed organization- Communist Party of India (Maoist).

"The materials recovered indicate that he is a part of the organizational and operational activities of the proscribed movement and spearheaded the movement amongst the student community" the Court noted.

Earlier, the accused Vijith Vijayan, who has been booked under Section 120B of Indian Penal Code and Sections 13, 38 and 39 of Unlawful Activities (Prevention) Act, 1957, filed bail application before the Special Court (National Investigation Agency) which was rejected, following which, the accused appealed before the High Court.

Advocate K.S. Madhusoodanan appeared for the appellant-accused whereas Assistant Solicitor General of India S. Manu appeared for the respondent.

Advocate Madhusoodanan argued that there is no incriminating material connecting the accused to the crime alleged or the allegations raised. He further argued that there is lack of clinching evidence and the allegations are based on general assumptions. He also contended that the seizure was made is haphazard and not in a sequential order as is expected from the Police.

On the other hand, the ASG argued that the appellant is a member of the semi-underground cadre of the CPI(Maoist), entrusted with the task of operating and propagating the ideology in the urban areas. He argued that the pen drives and memory cards recovered from the house of the appellant contain inciting materials which were also in the handwriting of the appellant. The ASG asserted that the materials disclose prima facie truth in the allegations raised against the accused and the same includes one of propagation of extremist ideology, laying bare the intention to further the activities of the terrorist organization.

The High Court observed that the pen drives recovered from the premises also contained materials inciting and promoting violent activities as per the ideology of CPI (Maoist).

"Very crucial is the fact that the handwritten documents scanned and kept in the pen-drives were found to be in the handwriting of A4 (Vijith Vijayan)", the Court noted further.

The Court held that the questioned documents, as examined by the Forensic Science Laboratory, prima facie bring forth the intention of accused to indulge actively in furtherance of the extremist ideologies of the Maoist movement. And to that end held that "the general purport of the document in the handwriting of A4 prima facie establishes the active participation of the accused in the organizational development and propagation of ideology, both running contrary to the established administrative machinery controlled by an elected Government."

"Prima facie it has to be found that the appellant was a member and occupied an important position at the organizational level; actively involved in propagating the ideology of revolt against the elected Governments and engaged in recruitment as also defining the manner in which the ideology is to be effectively implemented in society" the Court held.

The Court rejected the appeal against the Special NIA Court's order while holding that the materials recovered indicate that the accused is a part of the organizational and operational activities of the proscribed movement and spearheaded the movement amongst the student community.

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