The case against Urban Naxals is strong under “Unlawful Activities Prevention Act” (UAPA)-No escape possible

The nation is certainly watching these 'break India forces' and their double standards, hypocrisy and evil designs.

The case against Urban Naxals is strong
The case against Urban Naxals is strong

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”  

(https://odishatv.in/odisha/body-slider/rich-naxal-leaders-of-odisha-under-ed-scanner-295479 )

(https://timesofindia.indiatimes.com/india/Naxalism-A-Rs-1500-crore-red-corridor-empire/articleshow/4628045.cms)

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.

  1. 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.
  2. Kobad Ghandy in 2009
  3. Binayak Sen in 2007
  4. Arun Ferreira in 2007
  5. Vernon Gonsalves in 2007
  6. 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;  

Abetment

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.

Note:
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.

Krishna Baalu Iyer

9 COMMENTS

  1. Why to waste time in convincing Opposition, Media & Court? Central Govt. should have used Surgical Strike/Encounter against “Break India” forces. In fact, we pay tax NOT to encourage Dissent to get passed through Safety Value. No corrupt is punished. Corrupts are uniting to defeat a Single Man, who has no trace of corrupt practice.

  2. Given the serious hiccups, delays, faults in the implementations of GST and Demonetization that is tremendously backfiring, the current BJP Govt. cannot afford undue delays in settling the National Herald, P,C. Karti Scandals to go beyond December 2018. If this gets dragged on, India will lose faith and trust in BJP as a credible and corruption-free party. Stalling these cases any longer amounts to Congress and BJP being labelled as the same bandicoots riding the wagon of India loaded with corrupt members [eg., Bellari Reddy Brothers Mining Mafia on BJP list] taking turns every five years just like the DMK and AIADMK alternating to deceive the people of Tamilnadu. P. Gurus to go head on with the RSS – BJP cadre to highlight their serious lapses.

    • Sir, why are you equating Khangress to BJP. These things make people believe that every party is same and all are corrupt. Did you hear any iota of corruption in BJP’s government or against MODI. You are not right in point in brackets the Reddy brother’s. The main Reddy Mr. Janardhan reddy is no more in BJP. He supporting BJP Bla Bla may be left him. His other brothers are not involved in the mining business and Sriramulu who is BJPs MLA is not Reddy’s brother and not at all related to mining.
      The way corruption is there in Karnataka, be it Registration office, RTO, Tax department may not be there any where in country. But sadly no body can publish as they are closely guarded by Congress and now along with JDS. The lorry owner’s association head told in Karnataka the corruption is highest be it tax dept or police as he knows the things pan India. During previous congress govT many projects were awarded without calling for any tender. Press is scared to report anything as they are vary of police/political follower/press owners.

  3. If Govt is right and have evidence should punish them instead of creating a sensation. This govt has not punished any criminals so far but seems against honest . We have to choose between devil and evil.

  4. Thanks Balu for a kind of article that exposes these breaking india forces. Media trying to build a narrative that the arrested are the true saints of India and questioning police and law. Media want to tamper with police evidence, I’m sure media wants to have access to other incriminating evidence that police has and build a narrative. Wonder why you have left out Varavara Rao, the most notorious naxal of united AP times.

  5. There are some lawyers who can intimidate the judges in SC and force them to take up any case on urgent basis and even get a favourable decision. In this case also it may happen.
    SC judges are keen to play to the gallery and earn encomiums from the media and the”intellectuals”.
    Normally such cases go to the lower judiciary and work their way up. SC had no business to interfere at this stage.
    SC is intimidated by the present government as they are encountering a government with absolute majority after 30years. Their memories of the governments of Indira and Rajeev persist.
    Let us wait and see.

  6. It gives me a doubt whether the SC is really dispensing justice. Maybe for this comment I maybe asked to present in the court and get punishment. But if I saw “dissent is part of democracy and safety valve” will they set free , I am doubtful.

  7. Excellent and insightful read.But the Supreme Court is playing to the anti national’s hands.Their only reasoning is that, “we as the judiciary interpret the law and my(so called Justice’s) interpretation is that ,evidence furnished is not conclusive enough to pronounce the person guilty”.Just imagine the situation and the frustration honest and hard working security officers might be going throw ,due to some highly corrupt,utterly unprincipled , ruthless, beimaan judges. Judiciary needs an immediate cleansing.

  8. There has been a blatant display of the Urban Naxals power every now and then when hordes of advocates represent them in courts and the Judiciary from District Munsifs to Hight Courts to Supreme Court open doors for them even during night hours whereas the same is denied even for legitimate cases of commoners and right-wingers.

    Isn’t there any thing that can be done to get done with the Collegium of Judiciary which is so full of these Urban Naxals? If this system continues, I’m afraid that India has no hope for a peaceful future.

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