MERE POSSESSION OF MAOIST WORKS IS NOT PUNISHABLE.

The NIA court, Kochi on 14 September ruled that mere possession of works belonging to maoist and strong political beliefs which have an influence of maoist does not make a person subject to penalty under UAPA act. The court further adds that this judgement is not an opportunity or doesn’t support them to build their relations with banned terrorist organisations.

The brief facts of this case were that 3 people were charged under UAPA act one of them flew away and two of them i.e. one law student and other a journalism student were detained. Findings of the offence against them were not prima facie borne with the virtue of Indian Evidence Act, 1872. The special judge said they can’t be detained as sections 38 and 39 of the said code needs an intention to be proved which is absent in this case. Moreover the court adds that the accused belongings didn’t show any intention.

The court opined that most of the material found has a nexus with burning social issues which is not an indicative of terrorist activity.

The Learned Justice says that being maoists is not a crime, though its political ideology doesn’t synchronize with our constitutional polity.

The judge remarked although their room pointed to many incriminating materials but all are not related to terrorist activities.

The NIA has granted the bail for the two and the admission hearings are scheduled for Monday.

Reported By Somya Goyal

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