Congress, CPI endorse Kerala High Court ruling that being Maoist is not a crime

Kochi

In remarks that may kick up a debate in the country, Congress today agreed with the Kerala High Court ruling that being a Maoist is not a crime.

The Congress, however, defended the party-ruled Kerala government’s recent actions against the Left Wing Extremists, saying they were arrested as they had been indulging in “criminal offences”.

“The court has said that being a Maoist is of no crime.Same is our opinion (about Maoists)… But some people claiming allegiance to Maoism…whether right or wrong I don’t know…they are indulging in criminal activities,” Congress spokesman P C Chacko said here when asked about the party’s view on the High Court ruling on Maoists.

“Police in Kerala have arrested only the people who are involved in criminal activities…They were not arrested on the basis of believing in an ideology. They were arrested for involvement in criminal offence,” he said.

Noting that “Maoism breeds in poverty”, Chacko said pushing development in vulnerable areas is the only way to fight the menace. He said Congress and its government have been fighting Maoism both ideologically and pushing development in affected areas in the country.

In a significant ruling, the Kerala High Court had yesterday said that being a Maoist is not a crime and police cannot detain a person merely because he is a Maoist.

“Being a Maoist is of no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations,” it said.

“… If the individual or organisation abhors and resorts to physical violence, law agency can prevent or take action against individuals or organisations,” Justice A Muhamed Mustaque said in his judgement in a case relating to the arrest of Syam Balakrishnan by Kerala Police’s special squad, suspecting that he is a Maoist.

CPI hails Kerala HC ruling on holding of Maoist views

New Delhi

CPI today welcomed the Kerala High Court ruling that being a Maoist is not a crime and police cannot detain a person for merely saying he or she is one unless their activities are found to be unlawful.

The Left party said that just because a person subscribes to a particular view, he or she cannot be accused of “sedition” or of holding “anti-national” positions.

CPI also took a dig at right-wing outfits, saying that if just the holding of a certain view was a crime, then RSS cannot be a legal entity as its idea of “Hindu Rashtra” is an “affront” to the idea of the Indian Constitution.

“Simply because you hold a view, you cannot be accused of sedition or some anti-national position. But how you practice that view, whether it is in accordance with the rights given under the Constitution, that matters. That is what the high court also said,” said CPI Rajya Sabha MP D Raja.

Speaking on the sidelines of the party’s two-day National Executive meeting, which concluded here yesterday, Raja, however, clarified that CPI does not agree with the “ways and means” pursued by the Maoists.

“We have disagreement with them (Maoist rebels) as far as their practice is concerned,” he added.

Noting that it is the Constitution which sets the boundary through legitimate procedure of ordinary law on arrest, the high court court yesterday said, “Police cannot detain a person merely because he is a Maoist, unless police form a reasonable opinion that his activities are unlawful.”

The ruling came in connection with a matter related to the arrest of one Syam Balakrishnan by Kerala Police’s Special Squad upon suspicions that he was a Maoist.

The National Executive meeting of CPI was the first after its 22nd Congress held in March this year. The party’s Odisha state secretary Dibakar Nayak presided over the meeting, which was also attended by CPI General Secretary S Sudhakar Reddy and his predecessor, AB Bardhan.