POSSESSION OF A BOOK ABOUT INDIAN FREEDOM FIGHTER BHAGAT SINGH IS NOT AN OFFENCE - KARNATAKA COURT

Recently, a Karnataka court held that possessing a book about Indian freedom fighter Bhagat Singh is not barred under the law. The mere possession of instigating newspaper cuttings is also not an offense. The court held that while acquitting two men accused of having Naxalite links.

The accused were arrested for allegedly concealing Naxalites. It was also alleged that the two accused were involved in a criminal conspiracy to wage war against the sovereignty of India. The Police, during a search operation, retrieved several newspaper cuttings and a book about Bhagat Singh. They also retrieved newspaper cuts in the nature of being used by Naxalites. 

Counsel for the accused argued that the articles seized by the Police from the house of the accused were household articles' and not related to activities of Naxalites.

Additional District and Sessions Judge BB Jakati ultimately concluded that certain writings recovered concerning demands for boycotting local elections would not imply that the accused were engaged in Naxalite activities. The materials recovered were not sufficient to build a case under Section 120-B (criminal conspiracy), Section 124-A (Sedition) of the Indian Penal Code 1860, and Section 19 and 20 of the Unlawful Activity (Prevention) Act, 1967 (UAPA). 

The judge proceeded to acquit the two accused. 

Author: Papiha Ghoshal