Being a Maoist is Not a Crime, Says Kerala High Court
KOCHI: Being a Maoist is not a crime and a person cannot be sent to
custody for being one, the Kerala High Court said in a significant
judgement on Friday. “Though the political ideology of a Maoist does not
synchronise with constitutional polity, being a Maoist is not a crime,”
said Justice A Mushtaq. “Freedom becomes unlawful when it confronts
with laws of the country,” he added. The police cannot detain a person
“merely because he is a Maoist” unless they find that their activities
are unlawful, the judge said.
The court was giving its ruling on a petition by a man who was
detained on the suspicion that he was a Maoist. Shyam Balakrishnan
alleged in his petition that he was harassed by the Thunderbolt team, an
elite commando force involved in counter-insurgency operations in
Kerala. The court said Mr Balakrishnan should get Rs. 1 lakh as
compensation.
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