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 concerned in actively spreading the ideology of dissent in opposition to governments, reported Bar and Bench. The division bench, listening to the case, stated that the accused was not solely a member but in addition held an necessary place within the organisation whereas being concerned in recruiting folks for additional propagation of the ideology of revolt in opposition to 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 said, as per the Bar and Bench report.
Vijayan had approached the High Court after a Special NIA courtroom in Ernakulam rejected his bail plea. Vijayan was booked underneath Sections 120B of the Indian Penal Code and Sections 13, 38 and 39 of the Unlawful Activities (Prevention) Act, 1957 (UAPA).
While stating that two of different co-accused in the identical case have been granted bail, Vijayan’s counsel KS Madhusoodanan argued that he was booked underneath false expenses because the NIA didn’t show that Vijayan had any concrete hyperlink 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 identified that Vijayan was actively selling Maoist ideology since his school days and he was given the accountability of selling CPI(Maoist) ideology in cities.
Adding that there was sufficient materials to counsel Vijayan involvement within the supplementary charge-sheet, the ASG argued that each one delays needs to be put aside in order that the trial of the accused can start instantly.
After going via the SC judgement, the HC famous that in Vijayan’s charge-sheet there was sufficient prima-facie proof to counsel his involvement as in opposition to those who had been granted bail by the highest courtroom.
“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 stated whereas rejecting the enchantment.
Source: www.financialexpress.com”