In this background of the existing Legal provisions, readers can very well appraise the grave situation that is prevailing in the country and the threat of the Urban Naxals posing to the integrity of India.
“Your enemy’s enemy is your friend”
“Your enemy’s friend is your enemy”
This is the only selfish ground that is driving today’s ‘healthy’ opposition in opposing our PM, the BJP and the policies of the Modi’s Government.
PM Modi has become everyone’s enemy for varying personal and communal reasons, but for the nation’s interest.
The Congress party has lost many of its leaders in Naxal violence and ambush in the past several decades. Yet, its mouthpiece the National Herald recently came out with a write-up in a cowardly fashion, in support of the Maoists and the Urban Naxals. That piece of writing was so wicked and shocking, the political critics and intellectuals were all left with no option but to hide their heads in shame. It is relevant to recollect the fact that it was the same Congress party that used the ‘Unlawful Activities Prevention Act” (UAPA) to the maximum and got the same Urban Naxals arrested during their tenure. Also, let the Congress party realize what the then PM Manmohan Singh said in 2006- ‘the single biggest internal security challenge is Naxalites.
Their ideology is openly canvassing for an armed struggle against the local, regional and national Governments. Their methodology is nothing but a pure armed struggle.
This is proof enough that the Congress party’s strategy towards Naxalism has nervously changed to mean ‘Yesterday’s foe is today’s friend’ ‘Nation’s enemy is opposition’s friend’ purely for personal causes of its Dynasty rulers.
Ever since Mrs Sonia Gandhi lost the power in 2014, she has taken the ‘defeat’ as a personal dig and since then, performing exactly a la, a typical Indian Mother in law, longing for revenge. Many surprising U-turns taken by the Congress party in the last few months are proof enough to assume this situation. This is an alarming development and the Congress party is moving towards conspiring with the nation’s enemies with the sole purpose of defeating Modi.
Congress leader Mr Mani Shankar Iyer had written several columns in the mainstream media in the last 2 yrs in support of the Naxal violence, and blamed Modi for the state of affairs as if the Naxalism took birth only in 2014 immediately after Modi’s accession to power. One can recollect that infamous clarion call of Mani Shankar Iyer, shouting “hame le aayiye, aur inko hataayiye”, (You bring ‘us’ (UPA) and remove him (Modi), right from a Pakistan’s TV studio.
Let us now focus our attention on the urban Naxals. The phrase ‘dissent’ is very mild so much so, that it can only be found in Mahatma Gandhi’s dictionary of non-violence. This is how our liberal pro-Maoist media would coin the phrase (as they coined the word ‘intolerance’) to convince our Judiciary. But the reality is somewhat harsh and spine-chilling. Behind the veil of this soft ‘dissent’, there was a master conspiracy to kill Modi in the same fashion that was employed to kill Rajiv Gandhi. Varavara Rao desperately sought to mobilize Rs 8 crore in cash, M-4 rifle, an American-made carbine rifle used by the US Army and 4 lakh rounds of ammunition to execute Modi’-wonder why Varavara Rao require so much ammunition to kill a single person? Maybe because of the security ring around the PM, he might have planned to eliminate PM Modi in an ambush like what we watch in Hollywood Movies?
Naxals ambush so far took a toll of 12,000 lives in 20 yrs which includes 2,700 security personnel and 9,300 civilians who were killed by the Naxals on charges of ‘police informers’. The 1967 Naxalbari uprising in Bengal made the uprising itself known as Naxalism and Naxalites in later years.
Way back in 2009 itself during Congress rule, the Naxals Rs 1,500 crore empire was revealed. Last year more such revelations had the nation in disbelief.
The proof of Naxal leaders hoarding a large amount of money came to light in 2017 after a member of Bihar-Jharkhand special area committee of the CPI (Maoists) Pradyuman Sharma paid Rs 22 lakh to a private college for admission of his niece. Similarly, another member of the CPI (Maoists), Sandeep Yadav, gave Rs 15 lakh for exchange during the demonetization. Further, another senior leader, Arvind Yadav, paid Rs 12 lakh towards fees for his brother to study in a private engineering college”
Now Enforcement Directorate is investigating the huge money trails, foreign fundings of Naxals and their luxury living styles.
Charu Majumdar and Kondapalli Seetharamaiah had triggered the armed insurgent groups called Naxalites and Maoists. Their ideology is openly canvassing for an armed struggle against the local, regional and national Governments. Their methodology is nothing but a pure armed struggle, meaning elimination of Government employees, Public workers, Panchayat heads, landlords and political leaders. They do not regard the electoral democracy and process of elections. Hence Maoists and Naxalites are but outlaws and yet there is a difference. While Maoists believe only in the armed struggle that is pure violence and killing their chosen opponents, a section of Naxalites still believes in the electoral process too.
The law enforcing authorities are invoking the UAPA against Urban Naxals, more than the IPC, as the nature of terrorism-related offenses has been more explicitly defined with relevant punishments in UAPA.
The Communist Party of India (Maoist) is the official name of the Maoists. Their aim is to “overthrow‘ the elected Government through violence which is named “People’s War”. CPI(M) was formed in 2004 after Communist Party of India (Marxist-Leninist) Peoples War and the Maoist Communist Centre of India (MCCI) were successfully merged. It’s first General Secretary was ‘Ganapathi’. In the year 2014, Maoists and Naxalites were further strengthened when the CPI (Marxist-Leninist) Naxalbari also merged into the CPI (Maoist). This was the foundation stone for the emergence of Urban Naxals, as the CPI (Maoists) are known to be the Intellectual resource to ‘People’s War’. So, those who are mocking the phrase Urban Naxals’ should better be appraised of this background.
The present arrests of the 5 Urban Naxals were made under IPC sections 153A, 505(1)(b), 117, 120(b) and 34 in addition to ‘Unlawful Activities Prevention Act’ UAPA. Let’s glance at the UAPA and it’s relevance provisions in the present case.
- This CPI (Maoist) was banned in 2009 by the UPA II Government under the “Unlawful Activities Prevention Act” (UAPA). Let us have a look at the arrests they (UPA Govt) made during their tenure. It was the UPA Govt that had many Urban Naxals arrested under the “Unlawful Activities Prevention Act” and put them behind bars.
- Kobad Ghandy in 2009
- Binayak Sen in 2007
- Arun Ferreira in 2007
- Vernon Gonsalves in 2007
- Prof Sai Baba in 2017 were all charged under UAPA and sent to jail.
Section 13,18,20,38, and 29 of UAPA and Section 120 of the IPC were invoked in many of the cases. The case against Prof Sai Baba was that he was actively supporting the banned Revolutionary Democratic Front. The charges against him were so airtight, he was ultimately convicted.
The CPI (Maoist) is a banned organization, which was banned under the UAPA by the UPA Government.
Sec 13,18,20, 38 and 29 of UAPA deal with the following situations respectively.
Sec 2 “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written or by signs or by visible representation or otherwise)
(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or (iii) which causes or is intended to cause disaffection against India;
In addition to the above Section 107 of IPC
Sedition under Section 124 A of IPC
The law enforcing authorities are invoking the UAPA against Urban Naxals, more than the IPC, as the nature of terrorism-related offences has been more explicitly defined with relevant punishments in UAPA.
If we read Section 2 definition of ‘unlawful activity’ carefully along with Sec 13, watertight cases can be booked against them effectively.
The ‘strangers” to the present case, Historian Romila Thapar, economist Prabhat Patnaik and Devaki Jain, Sociologist Satish Deshpande and Legal expert Maja Daruwala, who filed the petition challenging the arrests, did not come to their rescue in 2007 or even before
The only lacuna I find in the UAPA is, the left lenient media which is irresponsibly extending all moral support to the Urban Naxals have not been included in the relevant sections as possible offenders. Though, going by the definition of ‘persons’, media can be inferred to be a ‘person’ in the list of possible offenders. The left lenient “media’s sympathetic and tactical propaganda to Urban Naxals and armed Maoists’ has not been found. The Law Ministry to take up this lacuna in the act quickly to amend the provisions suitably to stall the left lenient Urban Naxal sympathetic media from spreading hate of ruling dispensation, particularly our Prime Minister Modi and the BJP.
The recent presser of Maha Police which has revealed the Urban Naxals ingenious methods of their online network, using Darknet, Dark Web, participating in the funerals of the killed Maoists, attending the secret meetings held in jungles and even in neighbouring countries, collecting funds and arranging logistics etc goes to prove the dangerous conspiracies of the Maoists.
When Arun Ferreira, Vernon Gonsalves were arrested in 2007 during UPA regime on similar charges, the Supreme Court was not busy deciding whether it was just a ‘dissent’ or a conspiracy to overthrow the Government. Supreme Court was not busy either scrutinising the pieces of evidence whether it was strong enough to prove the charges or justify the arrest, even before the trial court had an opportunity to look in to, and a charge sheet was filed.
The ‘strangers” to the present case, Historian Romila Thapar, economist Prabhat Patnaik and Devaki Jain, Sociologist Satish Deshpande and Legal expert Maja Daruwala, who filed the petition challenging the arrests, did not come to their rescue in 2007 or even before, but only now crying foul for the reason BJP is in ruling dispensation and above all their arch enemy Modi is the Prime Minister of India.
The nation is certainly watching these ‘break India forces‘ and their double standards, hypocrisy and evil designs.
In this background of the existing Legal provisions, readers can very well appraise the grave situation that is prevailing in the country and the threat of the Urban Naxals posing to the integrity of India. No doubt our Judiciary is showing extra-judicial enthusiasm to pet the powerful bullying mainstream media and Leftist ideologues, but ultimately the conspirators should be punished to save our elected Prime Minister and the integrity of the Nation, and they are not to be let off under any pretext.
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.
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