Jahanvi Solanki
Published on: 01st June, 2022 at 19:02 IST
The Kerala Court observed that, the accused Vijith Vijayan showed that he was an important member of Communist Party of India (Maoist), a proscribed organisation.
A Division Bench of Justices K Vinod Chandran and C Jayachandran observed that the accused Prima Facie was an important member of the Communist Party of India (Maoist).
“The allegations raised are also not mere possession of documents or presence in gatherings organized by the proscribed association. It was found that the Appellant was a member and occupied an important position at the organizational level”.
The Appellant was actively involved in propagating the ideology of revolt against the elected government and engaged in recruitment, the Judgement stated.
The Court was considering the Appeal moved by Vijayan against the order of a Special NIA Court, Ernakulam, which had rejected his application for Bail.
The allegations against the accused where under Section 120B of the Indian Penal Code and Section 13,38 and 39 of the Unlawful Activities Prevention Act, 1957.
Assistant Solicitor General S Manu, appearing for NIA contended that Vijayan was an active member in the Students Federation of India, while in college, was misguided and ended up with the student organization. Also, copies of notices containing propaganda was recovered from the Appellant’s residence.
The Court did not find out enough material to arrive at Prima Facie finding of guilt, and held that wasn’t the case of instant matter and rejected the Appeal in the case.