NEWS ANALYSIS: Should we wait for crime, My Lord?


By Kartik Lokhande
The question naturally comes to one’s mind after reading the media reports on a recent judgement of the Kerala High Court that ‘Being a Maoist is no crime.’ For, Maoists or the members of the banned Communist Party of India (Maoist) are not into furthering the Constitutional goal of Parliamentary democracy, but are dead against it.
As per the media reports, Justice A Muhamed Mustaque of Kerala High Court observed, “The police cannot detain a person merely because he is a Maoist, unless the police form a reasonable opinion that his activities are unlawful.” This implies that Maoists can roam around freely spewing venom against everything Indian and advocating trampling of every right enshrined in the Constitution. However, they cannot be arrested or booked till the time they physically execute any action that amounts to a crime or unlawful activity. The ‘observations’ made by the said judge force one to think if the judiciary is really aware of the Maoist threat to democracy.
Let us see what the Maoists are after.
In one of the founding documents, CPI (Maoist) explains its designs in following words, “If it is a capitalist country where bourgeois democratic rights prevail, the Party of the proletariat prepares the working class and its allies through open, legal struggles -- parliamentary, trade union, general strikes, political agitation and such other activities, in order to organise a country-wide armed insurrection at an hour of revolutionary crisis, seizing power first in key cities and then extending it throughout the country, at the same time strengthens appropriate secret party apparatus and combines secret, illegal and semi-legal activities with open and legal activities in accordance with concrete conditions.”
The statement makes it amply clear what the Maoists are after. While declaring their intention of organising country-wide ‘armed insurrection’ and ‘seizing power’, the Maoists dub as ‘bourgeois’ the democratic rights enshrined in the Constitution of India drafted by Bharat Ratna Dr Babasaheb Ambedkar. To call anything not suitable to their anarchist agenda as ‘bourgeois’ is their routine practice. Also, the above-mentioned statement brings to fore the fact that they are operating in urban areas through secret party organisations combining ‘secret, illegal, and semi-legal’ activities. At present, there are many organisations claiming to champion the cause of human rights, women’s liberation, legal rights etc, which the Maoists have infiltrated into. Once they get entry into these organisations, they use those to further the goals of ‘armed insurrection’. As Maoists operate in the cushion of social contradictions, their presence in such organisations often goes unnoticed.
As has been proved time and again, the Maoists have scant regard for the Republic of India, Constitution of India, democracy, brotherhood, cultural heritage, and rights of people. They oppose hoisting of or even burn the national flag of the country, often on Republic Day and Independence Day. They refer to Constitutional values as ‘illusions’, and condemn their own cadres pressing for adopting Parliamentary democracy. In the resolutions passed in their Unity Congress, Maoists have clearly opposed the idea of brotherhood. For, in those, they have explained their nefarious designs to widen the social discords among various sections. They do not recognise any cultural heritage that is Indian. They do not recognise rights of people who oppose their violence, and this is clear from the fact that they have killed more than 23 Dalits in Gadchiroli district of Maharashtra alone. The number of Dalits and tribals killed by Maoists in Chhattisgarh, Odisha, Jharkhand, Andhra Pradesh etc is much bigger.
There are several statements of Maoist leaders and sympathisers available online, which are enough to shake any sane person out of the illusion that Maoists just profess an ideology. For instance, in one of its documents, CPI (Maoist) mentions, “In the conditions prevailing in our country, participation in election neither helps in developing revolutionary class struggle, nor in enhancing democratic consciousness among the people. Rather it will only foster Constitutional illusions and legalist trends among the Party ranks and the masses at large.”
Against this backdrop, ‘observation’ of a judge of Kerala High Court that being Maoist is ‘no crime’ should shock all sane persons, democrats, and Republicans. The judge must have made the ‘observation’ (which may, or, may not form operative part of the order) under the influence of literary works produced by air-conditioned intellectuals. While making the said ‘observation’, the judge did not realise that soon the urban cadres of Maoists might use it to quote in countless many articles to appear online and in various magazines and journals to get ‘legal sanctity’ to practice of their ideology. Even if the ‘observation’ does not form operative part of the court order in the said case, the Maoist sympathisers will not bother to mention about it. Previously also, some judges have made ‘observations’ that did not form operative parts of their orders, that granted Maoists the opportunity to further their ideological spread mainly in urban areas.
One should not be surprised, if quoting the Kerala High Court’s ‘observations’ in the context of Maoists, elitist supporters of anti-national elements start seeking legal sanctity to their ideological practice. Some elements may even extend the Kerala High Court’s ‘observations’ to press that practising ideologies of terrorist outfits like Taliban or Islamic State or Lashkar-e-Taiba or Indian Mujahideen do not constitute a crime.
The court’s view that a person could not be detained merely because he was a Maoist ‘unless’ the police formed a reasonable opinion that his activities were unlawful, also is worth a comment. While expressing this view, the court appears to have forgotten that any unlawful or subversive or anti-national activity is a result of a long period of practising and spreading a particular ideology or thought. If the cops go by the court’s ‘observations’, they should not make any preventive arrests, but search for perpetrators only after a crime is committed. By making such ‘observations’, the courts -- knowingly or unknowingly -- are sowing the seeds of ‘extra-judicial’ actions in the minds of cops who are hauled up after any violent or terrorist incident happens.
For these reasons, it is high time that the judges study not only the technical aspects imprisoned in legal jargons but also the practice of anti-national ideologies by some so-called intellectuals. Also, judges need to be more careful about making ‘observations’ that do not form operative part of the order. 

(24-05-15)

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