The State government has challenged the verdict of a single judge of the Kerala High Court ordering it to pay a compensation of Rs.1 lakh to Shyam Balakrishnan of Wayanad for his illegal detention alleging Maoists links.
In its appeal, the State pointed out that Mr. Balakrishnan was not arrested and his house was not searched. The single judge had accepted the factual proposition that the police officials had acted bona fide in the case and there were no mala fide intentions at all.
However, the single judge passed the judgment fixing liability on the State whereas its servants were fully exonerated by the judgment, the State submitted.
Seeking to set aside the impugned judgment of the single judge, the State pointed out that the most important finding of the single judge in the case was that to be a Maoist was not a crime.
The judgment went on to sustain the case of the petitioner by stating incorrect facts and relied upon judgments which were relating to the arrest and detention in deprivation of Article 21 of the Constitution.
