'Possessing Book Of Bhagat Singh Is Not Barred Under Law' : Court Acquits 2 Of UAPA & Sedition Charges

While acquitting two tribal persons in a UAPA case over alleged links with Naxalites, a Sessions Court in Mangaluru recently observed that possession of book about revolutionary freedom fighter Bhagat Singh is not barred under the law.The police had seized a book of Bhagat Singh, certain articles and paper cuttings from the accused to allege that they had links with Naxalites."The book of Bhagath Singh has been seized, possessing the book of Bhagath Singh is not barred under law", observed the Sessions Court Mangaluru while acquitting Vittala Malekudiya (23), then a Journalism student and his father Lingappa Malekudiya, charged for the offences under Section 120B, 124A of IPC and Section 19 and 20 of Unlawful Activities Prevention Act, 1967.The Court added that mere possession of newspaper cuttings and articles did not prove the offences against the accused.They were arrested in 2012 for allegedly concealing or harbouring Naxalites belonging to the banned Organization Communist Party of India (MarxistLeninist)-People's War. Additional District and Sessions Judge B. B. Jakati acquitted them noting that evidence is not sufficient to prove their guilt.Prosecution Allegations: It was alleged that accused No.1/Vikram Gowda, accused No.2/Pradeepa, accused No.3/John, accused No.4/Prabha, accused No.5/Sundari were the members of the banned Organization. The five accused entered into a criminal conspiracy with the father-son duo who were residing in the village and all of them decided to wage war against the sovereignty of India. In furtherance of such criminal conspiracy, the accused No.6 and 7 harboured or concealed the accused No.1 to 5 in the tribal area. The accused No.1 to 5, instigated the tribal people of Kuthloor village to participate in Naxal activities. Alleging the the accused No.6 and 7, were concealing or harbouring Naxalites, the anti-naxal force raided their homes. The police found many articles which were allegedly in the nature of being used by Naxalites. In order to bring home the guilt of the accused, the prosecution examined 23 witnesses. The accused denied the incriminating evidence appearing against them and pleaded not-guilty. The prosecution case against the accused 1 to 5 was separated as they remained absconding. The prosecution argued that even though the villagers who have been examined as P.W.10 to 20, they have not supported the case of the prosecution, then also the evidence of police witnesses is sufficient to prove the prosecution cases against the accused No.6 and 7. On the other hand counsel for the accused submitted "The articles seized from the house of accused are the household articles and some are newspapers and one book of Bhagath Singh. The articles seized by the police and reported in the case are not relating to any activities of banned organization or Naxalites." Further it was said "There was byelection for Udupi, Chickmagaluru Parliamentary Constituency in the year 2012 and the accused No.6 has written some request letters to the concerned to fulfill the demands of tribal and warned that the villagers will boycott the elections if such demands are not fulfilled". Court findings: Firstly the court noted that in the first schedule of Unlawful Activities (Prevention) Act, in serial No.24 the terrorist organization is shown as, "Communist Party of India (MarxistLeninist) People's War, all its formations and front organizations. In the present case it is alleged that, CPI Mavovadi Naxalite is the formation of or a front organization of Communist Party of India (MarxiztLeninist) People's war. The court said "So, the above said organizations are the banned organizations under the Unlawful Activities (Prevention) Act, 1967. Such a fact has been proved by the prosecution." It then observed that ,"To prove the allegation that the accused No.6 and 7 entered into criminal conspiracy with accused No.1 to 5, committed offence of sedition, harboured or concealed the accused No.1 to 5 in tribal area, the prosecution mainly relied upon the seizure of some of the material objects from the possession of the accused." The court on scrutiny of the articles opined "They are the articles which are required for day to day livelihood". It added, "On perusal of the handwriting and the letters written by accused No.6 it appears that the accused No.6 being the student of Journalism wrote such letter to boycott the bye-election of Lok Sabha because the leaders have not fulfilled the long standing demands of tribal people of Kuthloor Village." Further, it observed, "On reading of such letters it can be easily stated that such a letter contains the demand of local people from the state. From such writings one cannot find out that the accused No.6 and 7 are engaged in Naxal activities or they were concealing or harbouring the accused No.1 to 5. Therefore, the writings of accused No.6, are not sufficient to prove ...

'Possessing Book Of Bhagat Singh Is Not Barred Under Law' : Court Acquits 2 Of UAPA & Sedition Charges

Mustafa Plumber

The police had seized a book of Bhagat Singh, certain articles and paper cuttings from the accused to allege that they had links with Naxalites.

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