Kozhikode: Even before the political row over the killing of a few Maoists in a forested area last week subsided, the Kerala government is struggling to neutralise another uproar over booking two youths under a draconian law over a seemingly innocuous act.
The Left Democratic Front (LDF) government, which is being slammed for booking two students under the Unlawful Activities Prevention Act (UAPA) for alleged Maoist links, is reportedly trying to wriggle out of the situation even as the CPM too is annoyed over the development.
Facing flak over the issue, Kerala Chief Minister Pinarayi Vijayan said that the government would examine the issue and take a suitable decision.
"I do not support the UAPA law. The cops are putting forth some justification for the arrests. The police action would be scrutinised.
"UAPA does not become effective as soon as the cops slap these charges. For that the UAPA committee and the government have to give the nod," he explained.
Communist Party of India- Marxist (CPM) workers Thaha Fazal, 24, and Allen Shuhaib, 19, were arrested and booked under the UAPA in Kozhikode on Friday.
The incident triggered an uproar against the state government and the Home Department, which is headed by the CM himself, from various quarters. Even the functionaries of the ruling CPM is divided on the issue.
Though the UAPA charges have been included in the First Information Report (FIR) and in the plea for the duo's custody, attempts are being made to remove these during the probe phase.
DGP Loknath Behera told Manorama that ADGP Sheikh Darvesh Saheb has been tasked to find out if the UAPA charges would stand the scrutiny of law.
Even though the police can file cases under the UAPA, it is for the government to take a decision after considering the recommendations of the UAPA committee. Justice S Gopinathan, who heads the committee overseeing charges under the UAPA , also stated that the stringent Act cannot be imposed merely because some brochures were recovered from the accused.
"How can you term anyone as Maoist simply because Maoist brochures were found on them?" He asked.
Justice B Kemal Pasha too said that the police should have been more cautious while slapping UAPA charges on two students. "This is a misuse of the legal provision that allows to slap UAPA on individuals," he pointed out.
Police unmoved
However, the police averred that the arrested youth were part of a larger group that was involved in collecting data and spreading Maoist ideologies in cities. One person who is suspected to have fled on seeing the police is also a Kozhikode native.
The police reasoned that similar steps are necessary to combat the threat of extremists. It has upped security checks in Kozhikode town following the arrest.
Kodiyeri clarifies
CPM state secretary Kodiyeri Balakrishnan too claimed that whenever the police had tried to slap the UAPA charges after the LDF came to power, the government had denied the permission.
"It is not possible to say now whether the Kozhikode police had erred. Only the FIR has been filed. It is not right to say that the UAPA has been slapped. Earlier, too the authority had denied permission for prosecution in several cases with UAPA charges. Most of them were Maoist cases. Only with clear-cut evidence can the charges be imposed," he explained.
CPM objects
The CPM state secretariat has demanded that the arrested students should not be slapped with UAPA charges.
“The incident is being turned against the government for making political gains. When the Centre had passed the UAPA, the CPM had opposed it strongly. It is unlikey UAPA charges would be slapped on an innocent during the LDF's tenure. The party expects the government to act accordingly," a statement released by the CPM secretariat said.
Former CPM state committee member P Jayarajan pointed out that the police cannot slap UAPA charges on its own.
"These charges can be slapped only with the permission of the government. There is another law to impose on those who possess anti-national publication,” he added.
Jayarajan himself has been facing UAPA charges in connection with the Kathiroor Manoj murder case.
CPM Kannur district secretary M V Jayarajan said that the police have been taking some steps which are not in line with the government policies. "We hope that the government intervenes to correct the police action," he added.
Minister A K Balan termed the UAPA a double-edged sword. "It should not be used to eliminate the innocent and those functioning democratically," he added.
LDF convener A Vijayaraghavan of the CPM hoped the government would rectify the mistake committed by the police.
What does the UAPA panel do?
A person can be booked under the UAPA only if the oversight committee gives the nod. The panel has to examine whether there is evidence to slap UAPA charges in the case and not whether there is proof that warrantees punishment. Only after the scrutiny and nod, the prosecution of the case can be carried out.
A retired High Court justice leads the UAPA committee, and special secretaries of the Law and Home departments, and IG (internal security) are its members.
The Home department has to hand over the police probe report, case diary and the evidence to the authority.
After studying the case, the authority would make recommendations and return the records to the Home department.
CPM to give legal aid
Sabitha Madathil, the mother of Allen who is one of the arrested youths, aid that the CPM local committee would give legal aid for her son.
She also backed CPM leader P Mohanan's statement that party did not have to intervene in the case. "There is nothing wrong with it. He said so because the issue did not reach the district level," Sabitha said.
CPM Kozhikode district secretary Mohanan had said that the family was looking at legal steps on its own and that there was no need for the party to intervene in the case. "There was nothing wrong in following the usual legal procedures. The protest is against the slapping of UAPA charges,” he had said.
Actress Sajitha Madathil, maternal aunt of Allen, said that she hoped the government would not side with the police.
"It is difficult to trust a police force which makes arrest merely because a notice was found and then creates evidence to back that. I do not think that the Left government would support such action. Even in these difficult times, it is the party workers who are supporting us."