Form of words:
New Delhi: A Mangaluru sessions court on Thursday acquitted two tribals in the Unlawful Activities (Prevention) Act (UAPA) and sedition cases, saying keeping a book or cutting a newspaper on Bhagat Singh is not prohibited under the law and no link has been proved. Will do of the accused with any banned organisation.
The court’s remarks came in a 2012 case judgment against a father-son duo who police claimed were members of the banned Communist Party of India (Marxist-Leninist)-People’s War.
The police case relied on items seized from the home of two accused – Vittala Malekudiya, a journalism student, and his father, Lingappa Malekudiya. The material included some domestic articles, newspapers, a book by Bhagat Singh and a letter written by a student during the 2012 by-election to the Udupi Chikmagalur parliamentary constituency, asking officials to meet the demands of tribals in the area or face boycotts. was requested to do. Election.
Stating that none of these materials were objectionable, Additional District and Sessions Judge BB Jakati said, “Bhagat Singh’s book has been confiscated, Bhagat Singh’s book is not barred under the law. The paper cutting of the newspaper has been confiscated by the IO Reading such newspapers is not prohibited under the law.
Noting that the police had also cited newspaper articles found at the house of the accused as incriminating evidence, the court further observed, “The accused No. 6 and 7 have not published such articles found in the paper. Therefore, even if there is any inflammatory publication in the newspaper, accused no. 6 and 7 are not liable for such publication. It is not an offense to keep paper cuttings of the newspaper with him.’
Examining the list of confiscated goods, the court observed, “they are articles which are essential for day to day livelihood”.
As for Son’s letter, the court observed, “On reading such letters it can be easily said that such letters contain the demands of the local people of the State. One cannot ascertain from such articles That the accused No. 6 and 7 are indulging in Naxalite activities or that they were hiding or sheltering the accused No. 1 to 5.
So it acquitted both of them.
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2012 case
There were a total of seven accused in the case before the court. The prosecution had said that the five accused – Vikra Gowda, Pradeep, John, Prabha and Sundari – were all members of the banned Communist Party of India (Marxist-Leninist) – People’s War. It had alleged that these five had entered into a criminal conspiracy along with two other accused – father and son, Lingappa and Vittala – to “wage war against the sovereignty of India”.
The prosecution said that Lingappa and Vittala gave shelter to the other five in Kuthaluru village, a tribal area in Karnataka, where they were allegedly inciting tribals to take part in Naxal activities.
An FIR in the case was registered on the basis of 26 items seized from Malekudia house on March 3, 2012 and both were arrested on the same day. At that time Vithal was studying journalism at Mangaluru University. Their hostel was also searched and some belongings were confiscated.
Since the first five accused were allegedly absconding, the trial was split, and the verdict pertained to Malekudia only. Both are to be prosecuted under sections 120B (criminal conspiracy) and 124A (sedition) of the Indian Penal Code, as well as sections 19 (accommodation or concealment of terrorists) and 20 (being a member of a terrorist gang or organisation) of unlawful activities. Had been. (Prevention) Act 1967.
‘No evidence of involvement in Naxalite activity’
The prosecution had also allegedly seized three mobile phones from the accused, but the court observed that the call data records of these mobiles were not produced. In the absence of any objectionable material stored in the mobile or any data showing calls between the accused, the court said this would not help the prosecution’s case.
The court also pointed out the lack of any independent witness statement to prove that the accused were actually involved in Naxalite activities, saying, “If in fact accused No. 6 and 7 were involved in Naxalite activities, then less Told such truth to at least one villager. No villager has said such a thing, therefore, there is no evidence to prove that accused No. 6 and 7 were members of Naxalite group and they were from accused No. 1 5 or assisting them in Naxalite activities in the forest area of Kuthloor village.”
(Edited by Neha Mahajan)
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