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9 jailed Maoists are political prisoners, rules Kolkata court
NEW DELHI: Several jailed Maoists will now be entitled to privileges of a separate cell, home-cooked food, access to newspapers, books and other reading material, meeting with relatives and advocates and greater freedom inside jail compared to other prisoners.
A Kolkata court on Friday declared nine suspected Naxalites arrested by the National Investigation Agency in connection with the CPI (Maoist) arms manufacturing case as 'political prisoners'. The prisoners include CPI (Maoist) technical committee head and the man behind the outfit's rocket launcher factories, Sadula Ramakrishna alias RK.
While the NIA is likely to challenge the verdict, this comes close on the heels of an August order by Calcutta high court which declared eight suspected Naxalites, including senior CPI (Maoist) leader Chhatradhar Mahato, political prisoners.
Security agencies look at the two orders as precedent-setters that will make more jailed Naxalites push for this status across the country. Already, several suspected Maoists have been on hunger strike in Maharashtra jails pushing for this demand.
Agencies also see the order as a symbolic victory for the Maoists who have been able to take the offences related to Naxal violence out of the purview of terrorism or general crime and have made their violent activities look political.
The present order came in response to a petition filed before the Kolkata sessions court by the nine accused arrested by NIA. The petitioners sought status of political prisoners even as NIA opposed the pleas. The court, however, overruled NIA's objection citing the August 8 Calcutta HC judgment that had granted political prisoner status to Mahato and seven others.
The status was granted under the West Bengal Correctional Services Act, 1992. According to the Act, political prisoners are those who are arrested or convicted on a charge of having committed or attempting to commit aiding or abetting the commissions of any political offence. It is applicable even if the person is charged under the Indian Penal Code.
The law also says that anyone who commits or allegedly commits an offence during a political or democratic movement with an exclusive political objective, free from personal greed or motive, is entitled to political prisoner status. Even charges of waging war against the nation cannot prevent an accused from being granted the status.
Understandably, security agencies are not very enthused by the order. A senior official from the security establishment said, "The order has effectively, even if symbolically, separated the Naxalites from other terrorists. But even a Hafiz Saeed does not spread violence for personal gains and fights for an ideology and a particular political order. Should he be granted the same privilege if he is arrested?"
A senior NIA official said the agency would study the order, consult the government and then appeal against it in the high court.
However, those fighting for the rights of prisoners have welcomed the decision. Lawyer Surendra Gadling, who is representing several suspected Naxalites in Maharashtra, said, "Maoists are merely struggling for a different political order. They cannot be equated with other criminals. They are essentially political prisoners."
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In other words maoists are freedom fighters.Overall good judgement by the courts.
NEW DELHI: Several jailed Maoists will now be entitled to privileges of a separate cell, home-cooked food, access to newspapers, books and other reading material, meeting with relatives and advocates and greater freedom inside jail compared to other prisoners.
A Kolkata court on Friday declared nine suspected Naxalites arrested by the National Investigation Agency in connection with the CPI (Maoist) arms manufacturing case as 'political prisoners'. The prisoners include CPI (Maoist) technical committee head and the man behind the outfit's rocket launcher factories, Sadula Ramakrishna alias RK.
While the NIA is likely to challenge the verdict, this comes close on the heels of an August order by Calcutta high court which declared eight suspected Naxalites, including senior CPI (Maoist) leader Chhatradhar Mahato, political prisoners.
Security agencies look at the two orders as precedent-setters that will make more jailed Naxalites push for this status across the country. Already, several suspected Maoists have been on hunger strike in Maharashtra jails pushing for this demand.
Agencies also see the order as a symbolic victory for the Maoists who have been able to take the offences related to Naxal violence out of the purview of terrorism or general crime and have made their violent activities look political.
The present order came in response to a petition filed before the Kolkata sessions court by the nine accused arrested by NIA. The petitioners sought status of political prisoners even as NIA opposed the pleas. The court, however, overruled NIA's objection citing the August 8 Calcutta HC judgment that had granted political prisoner status to Mahato and seven others.
The status was granted under the West Bengal Correctional Services Act, 1992. According to the Act, political prisoners are those who are arrested or convicted on a charge of having committed or attempting to commit aiding or abetting the commissions of any political offence. It is applicable even if the person is charged under the Indian Penal Code.
The law also says that anyone who commits or allegedly commits an offence during a political or democratic movement with an exclusive political objective, free from personal greed or motive, is entitled to political prisoner status. Even charges of waging war against the nation cannot prevent an accused from being granted the status.
Understandably, security agencies are not very enthused by the order. A senior official from the security establishment said, "The order has effectively, even if symbolically, separated the Naxalites from other terrorists. But even a Hafiz Saeed does not spread violence for personal gains and fights for an ideology and a particular political order. Should he be granted the same privilege if he is arrested?"
A senior NIA official said the agency would study the order, consult the government and then appeal against it in the high court.
However, those fighting for the rights of prisoners have welcomed the decision. Lawyer Surendra Gadling, who is representing several suspected Naxalites in Maharashtra, said, "Maoists are merely struggling for a different political order. They cannot be equated with other criminals. They are essentially political prisoners."
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In other words maoists are freedom fighters.Overall good judgement by the courts.
Putting people in prison just for their beliefs (or even just eating beef), what an oppressive country.
