The Kerala government will approach the Division Bench of the High Court to challenge the Single Bench ruling that being a Maoist is not a crime. The Advocate General Dandapani told AIR that the proceedings for appeal will be taken after the formal Government decision on appeal.
A Single Bench of the Kerala High Court on Friday criticized the State Police for harassing a person alleging Maoist links. In the verdict, the bench observed that being a Maoist is not a crime and the police cannot detain a person merely because he is a Maoist.
The State Home Minister Ramesh Chennithala has said that the government would move an appeal against the single bench verdict. He also said it would be difficult to enforce the Unlawful Activities Prevention Act under these circumstances. The State Government has asked Home Secretary to submit a report after examining the verdict.
The copy of the judgment is also awaited. Formalities for the appeal could be initiated only after getting the copy of the judgment. The Government is also considering to challenge the Rupees One Lakh compensation ordered to be paid to Shyam Balakrishnan, who was detained in the case.
In another development, the Additional Sessions Court, Ernakulam has approved the request of Internal Security Investigation team of the Kerala Police to get Maoist activist Roopesh and his wife Shyna for interrogation. The Maoist couple, who were arrested from Coimbatore earlier were produced in the Ernakulam court in a case connected with Maoist activities in Kerala.
