The contentious arrest in Kozhikode of two young Communist Party of India (Marxist) members on suspicion of having Maoist links has reignited a sharp debate about the misuse of the harsh provisions of the Unlawful Activities (Prevention) Act (UAPA) against civilians.
The slapping of UAPA on the students and the killing of four Maoists last week have found the Opposition United Democratic Front and the Communist Party of India, a principal Left Democratic Front constituent, on the same page and the CPI(M) increasingly isolated.
Initial reports suggested that the police had held the youths early Saturday on the suspicion that they had attempted to rendezvous with suspected Maoist activists in the Meenchantha locality. The meeting, possibly to hand over cash or receive pamphlets, appeared not to have panned out as planned. The police claim that they had seized Maoist literature from the youths. The ‘incriminating evidence’ supposedly included the political programme of the Communist Party of India (Maoist) to spread its influence in urban localities under the jurisdiction of the party's Western Ghat zonal committee.
Promise unkept?
The developments also served as a backdrop to a dispute in the mainstream and social media on the question of whether a police ‘deep state’ was threatening democratically vibrant Kerala. The row ‘exposed’ the LDF government’s ‘non-fulfilment’ of its promise in 2017 to review 162 UAPA cases registered in Kerala since 2012.
The Pinarayi Vijayan government had faced censure when the police arrested Kamal C. Chavara at Karunagapally and writers K.P. Nadir and Kamalsy Prana on UAPA charges for ‘denigrating’ the national anthem in 2017. The detention of delegates at the International Film Festival of Kerala in 2017 for ‘disrespecting’ the national anthem had also triggered a public outcry. Consequently, an internal inquiry by the law enforcement found that the police had erroneously applied the provisions of the harsh UAPA in 42 cases.
Chief Minister Pinarayi Vijayan had ordered then that investigating officers invoke the UAPA only with the written consent of the District Police Chief and subject to the approval of the Inspector General of Police. Most UAPA cases were registered during the previous UDF rule.
The questionable charges included abetting sedition, showing allegiance to religious fundamentalists, lampooning national symbols and the election process.
