‘Revolted against elected governments’: Kerala High Court rejects bail plea of Maoist terror accused

The Kerala High Court on Monday rejected the bail plea of Vijith Vijayan, a member of the banned Communist Party of India (Marxist), stating that the accused was involved in actively spreading the ideology of dissent against governments, reported Bar and Bench. The division bench, hearing the case, said that the accused was not only a member but also held an important position in the organisation while being involved in recruiting people for further propagation of the ideology of revolt against the State.

“The allegations raised are also not of mere possession of documents or presence in gatherings organised by the proscribed association. Prima facie it has to be found that the appellant was a member and occupied an important position at the organisational 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 judgment stated, as per the Bar and Bench report.

Vijayan had approached the High Court after a Special NIA court in Ernakulam rejected his bail plea. Vijayan was booked under Sections 120B of the Indian Penal Code and Sections 13, 38 and 39 of the Unlawful Activities (Prevention) Act, 1957 (UAPA).

While pointing out that two of other co-accused in the same case have been granted bail, Vijayan’s counsel KS Madhusoodanan argued that he was booked under false charges as the NIA failed to prove that Vijayan had any concrete link with the terrorist organisation. Vijayan’s counsel cited a Supreme Court judgement that had overturned Kerala High Court’s rejection of bail plea of a co-accused.

NIA counsel Assistant Solicitor General S Manu pointed out that Vijayan was actively promoting Maoist ideology since his college days and he was given the responsibility of promoting CPI(Maoist) ideology in cities.

Adding that there was enough material to suggest Vijayan involvement in the supplementary charge-sheet, the ASG argued that all delays should be set aside so that the trial of the accused can begin immediately.

After going through the SC judgement, the HC noted that in Vijayan’s charge-sheet there was enough prima-facie evidence to suggest his involvement as against the ones who had been granted bail by the top court.

“The general purport of the document in the handwriting of A4 (Vijayan) prima facie establishes the active participation of the accused in the organisational development and propagation of ideology, both running contrary to the established administrative machinery controlled by an elected Government,” the Court said while rejecting the appeal.