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2022 Supreme(Ker) 151

K.VINOD CHANDRAN, C.JAYACHANDRAN
Roopesh – Appellant
Versus
State of Kerala to be Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.S.Mizver, K.S.Madhusoodanan, Thushar Nirmal Sarathy, M.M.Vinod Kumar, P.K.Rakesh Kumar, Advs.
For the Respondent: Srik.A.Anas, Government Pleader

ORDER :

K.Vinod Chandran, J.

Amidst the raging controversy as to the retention of offence of sedition in the IPC; which the naysayers categorise as a relic of the colonial past; a symbol of British hegemony and the votaries support in the wake of rising anti-national feelings under the cloak of liberal thought, the Government sat over a sanction for six months, violating the time frame prescribed in the rules.

2. Shorn of the myriad facts regarding the ingredients of the offences alleged, the revision petitioner was charged under Ss. 143, 147, 148, 124A read with 149 IPC and Ss. 20 & 38 of the Unlawful Activities (Prevention) Act, 1967 [for short 'UA(P)A']. The revision petitioner is alleged to be a member of the Communist Party of India [Maoist] a proscribed organisation under the UA(P)A. The three crimes registered are Crime No.861 of 2013 of the Kuttiadi Police Station and Crime Nos.11 & 15 of 2014 of the Valayam Police Station. The State Police Chief wrote to the State Home Department, who took it up with the Authority constituted under S.45 of the UA(P)A. The statement dated 19.07.2018 filed by the 3rd respondent, Addl. Chief Secretary, Home & Vigilance, indicates the same having

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