• About
  • Contcat Us
Wednesday, December 6, 2023
Justice Bench
No Result
View All Result
  • Login
  • Register
  • Home
  • Articles
  • Online Internship
  • Forums
  • Courses
  • Home
  • Articles
  • Online Internship
  • Forums
  • Courses
No Result
View All Result
justice bench
No Result
View All Result
Home News

The Kerala High Court has denied bail for terror accused Maoist  ​​Vijith Vijayan

S Sreedhar by S Sreedhar
June 1, 2022
in News
Reading Time: 3 mins read
0
0
Kerala High Court

Kerala High Court

0
SHARES
10
VIEWS

On Monday The Kerala High Court Bench comprising Justices K Vinod Chandran and C Jayachandran in the case of Vijith Vijayan @ Pachha @ Balu @ Musafir @ Ajay v Union of India has observed that the evidence against the accused, Vijith Vijayan, prima facie demonstrated that he was a key member of the Communist Party of India (Maoist), a banned organisation, 

Vijith Vijayan, the fourth accused in a Maoist terror case filed in 2019, had his bail application denied by the Kerala High Court on Monday.

The material against the accused, according to a Division Bench of Justices K Vinod Chandran and C Jayachandran, prima facie showed that he was an important member of the Communist Party of India (Maoist), a proscribed organisation, and was involved in propagating a revolting ideology against elected governments.

READ ALSO

Chhota Rajan Files suit in Bombay HC Against Netflix Series Scoop Demands ₹1 as Damages for Violation of Personality Rights

Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction

“The allegations raised are also not of mere possession of documents or presence in gatherings organized by the proscribed association. Prima facie it has to be found that the appellant was a member and occupied an important position at the organizational level; actively involved in propagating the ideology of revolt against the elected governments and engaged in recruitment as also defining the manner in which the ideology is to be effectively implemented in society,“

The Court stated

The Court was hearing Vijayan’s appeal against a ruling of a Special NIA Court in Ernakulam, which had denied his bail application.

Sections 120B of the Indian Penal Code and Sections 13, 38, and 39 of the Unlawful Activities (Prevention) Act, 1957 were used to prosecute the accused (UAPA).

Vijayan’s advocate, KS Madhusoodanan, pointed out that two of the co-accused had already been granted bail.

He cited the Supreme Court’s decision in Thwaha Fasal & Anr. v Union of India, in which one of the accused was granted bail after the Kerala High Court had denied his bail application.

It was claimed that Vijayan was wrongfully charged in the case and that the NIA investigation found no evidence linking him to Maoist extremism.

Vijayan is a member of the CPI(Maoistsemi-underground )’s cadre, tasked with functioning and propagating the ideology in urban areas, according to Assistant Solicitor General S Manu, standing for the NIA.

He claimed that the evidence proved that Vijayan, who was a member of the Students Federation of India (SFI) in college, was misled and ended up with the student group Padantharam, which aggressively promoted Maoist doctrine.

Hundreds of copies of notifications carrying propaganda material were also discovered at the appellant’s home, according to the evidence.

The ASG argued that because the extra charge-sheet had been filed, there was no basis for any delay because the trial would begin right away.

The Court went through the Supreme Court’s decision in Thwaha Fasal, in which it was reaffirmed that the court’s role is to consider whether the material in the charge-sheet provides a reasonable basis for believing the accusation against the accused is prima facie true, rather than to hold a mini trial or to meticulously examine the accused’s defence.

While the case against the two accused who are out on bail lacked sufficient evidence to reach a prima facie conclusion of guilt, the Court found that this was not the case in this case.

“The general purport of the document in the handwriting of A4 (Viajyan) prima facie establishes the active participation of the accused in the organizational development and propagation of ideology, both running contrary to the established administrative machinery controlled by an elected Government“,

The Court held

Read Judgement

Vijith_Vijayan_v_UoIDownload
Tags: bailCPI(Maoist)Justice C JayachandranJustice K Vinod Chandrankerala high court
ShareTweetSendShare

Related Posts

Chhota Rajan Files Lawsuit in Bombay High Court Against Netflix Series 'Scoop,' Demands ₹1 as Damages for Violation of Personality Rights
News

Chhota Rajan Files suit in Bombay HC Against Netflix Series Scoop Demands ₹1 as Damages for Violation of Personality Rights

June 1, 2023
Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction
News

Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction

June 1, 2023
The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.
News

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

April 24, 2023
calcutta hc
News

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

February 24, 2023
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

February 24, 2023
pocso act
News

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

February 23, 2023
google news
google news

POPULAR NEWS

La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

May 20, 2022
DIFFERENCE BETWEEN ADVOCATE AND LAWYER

WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

June 4, 2022
Justices DY Chandrachud, AS Bopanna, and Bela M. Trivedi,

Execution of Document not to be considered based on Admission of Sign on Document Rules Supreme Court

May 12, 2022
Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

June 6, 2022
multiple bar association enrollment

Can an Advocate Enroll for Multiple Bar Associations?

May 8, 2022

Tags

advocate Algo Legal Allahabad HC Allahabad High Court Anil Deshmukh anticipatory bail Appointment of Judges bail Bombay high court calcutta high court Central Bureau of Investigation central government cji Collegium Collegium Recommendations defamation delhi high court divorce Enforcement Directorate gauhati high court Gujarat High court Gyanvapi Mosque high court judges IPR Judicial Appointments justice bench karnataka high court kerala high court latest judgements law ministry legal news madras high court murder patna high court pil pocso act Rouse Avenue Court Sequoia Capital study material supreme court Supreme Court Collegium supreme court of india UAPA Union Law Ministry varanasi court

Top Career Options for Advocates in India in 2024

by S Sreedhar
December 5, 2023
0
advocate carrier options
Articles

Choosing the right career path in the legal field can be a daunting decision, given various factors to consider. This...

Read more

procedure to get anticipatory bail in the 498a case.

by S Sreedhar
December 3, 2023
0
procedure to get anticipatory bail in the 498a case.
Articles

What is the procedure to get anticipatory bail in the 498a case?ORHow to get anticipatory bail in the 498a case?...

Read more

How to file for mutual consent divorce in India

by S Sreedhar
December 1, 2023
0
Mutual Consent Divorce
Articles

Divorce is a legal procedure that marks the termination of a marital union between two adults

Read more

important sections in contact while drafting contact

by S Sreedhar
June 3, 2023
0
Analysis of Contract Law, Social Norms, and Inter-Firm Cooperation
Articles

In contract law, there are several important sections that govern the rights, obligations, and enforcement of contracts. While the specific...

Read more

About

Justice Bench is one of the fastest growing news legal portal in India, for latest Latest Legal News india, Supreme Court judgement updates, High Courts Judgments updates,Law Firms News in india, Law School News, Latest Legal News india visit us.

Follow us

google news
google news

Recent Posts

  • Top Career Options for Advocates in India in 2024

Popular News

  • La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

    La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

    0 shares
    Share 0 Tweet 0
  • WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

    0 shares
    Share 0 Tweet 0
  • procedure to get anticipatory bail in the 498a case.

    0 shares
    Share 0 Tweet 0
  • Sachin S Former Assistant General Counsel at Flipkart joins RazorPay as Director Legal – know more

    0 shares
    Share 0 Tweet 0
  • Top Career Options for Advocates in India in 2024

    0 shares
    Share 0 Tweet 0

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

No Result
View All Result
  • Home
  • Articles
  • Online Internship
  • Forums
  • Courses

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

Welcome Back!

Sign In with Google
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Google
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In