The Kerala government is not likely to clear the prosecution of two Communist Party of India (Marxist) activists, Alan Shuhaib and Thaha Fazal, arrested under the provisions of the Unlawful Activities (Prevention) Act, from Kozhikode on Saturday.
Sources said, “The government has put in place a system for reviewing such cases and will strictly go by its recommendations. The UAPA Authority headed by a former High Court Judge was constituted for granting permission for prosecution after reviewing the merit of each case and also for ensuring justice to the victims.”
As per procedure in such cases, charges could be framed only after getting it cleared by the district police chief. An officer of the Dy.SP rank, after investigation, should seek permission for prosecution, get legal opinion before a final decision is taken with the concurrence of the government.
Earlier too, permission for prosecution was denied in nine cases for want of evidence. As many as eight of those were against ‘Maoists.’
The arrest of Shuhaib and Fazal has drawn flak from the CPI(M) leaders, including Left Democratic Front convener A. Vijayaraghavan. On Sunday, he said the police were pursuing a course contrary to the stated policy of the LDF government on the UAPA issue.
Though the CPI and the CPI(M) do not share the same approach to Maoists, both parties are together on UAPA.
The Left parties are against the arrest of ‘urban Maoists’, and hence it is unlikely that the police will have their way against political activists, sources said.