pc 10 luglio - India - la corte del Kerala esprime una sentenza difforme dal regime fascista Modi

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Kerala High Court says Maoism not a crime, upholds Rs 1 lakh fine on police

The High Court on Monday dismissed an appeal filed by the state government against a single bench order directing the government to pay a compensation of Rs 1 lakh and Rs 10,000 as court expenditure to Shyam Balakrishnan, a resident of Vellamunda in Wayanad, taken into custody on the suspicion being a Maoist activist. The government had also challenged the observation of the single bench that the idea of Maoism or being a member of such organisations and spreading the ideology
per say does not amount a crime.
The division bench comprising Chief Justice Ris-hikesh Roy and Justice A.K. Jayashankaran Nambiar dismissed the appeal and stated that the police behaved without taking into account the individual liberty and freedom. The court has pointed out that the constitution grants the freedom for individuals to believe in a political philosophy of their choice. The police detained Mr. Balakrishnan on the suspicion of being a Maoist but the prosecution has failed to furnish any evidences to justify it.
Stating that there was no justification for detaining, questioning and searching his residence without following the norms laid out in the criminal procedure code, the court observed the country and the constitution provides the primary importance to individual liberty and freedom.
The Thunderbolt commandos arrested Shyam Balakrishnan on May 20, 2014 while traveling in a motorbike of his friend and detained him a police station.
A raid was also conducted at his residence in the midnight. He was released later as the police failed to recover anything from him. Son of former High Court judge Justice N.K. Balakrishnan, Shyam Balakrishnan then filed a petition against illegal custody in the high court and on May 22, 2015 a single bench ordered for a compensation of Rs 1 lakh and Rs 10,000 as legal expenditures.
Keywords : maoists, kerala, high court, police
(2019-07-09 08:46:38)