Despite freezing sedition law, accused will have to face trial in UAPA cases

THIRUVANANTHAPURAM: Though the Supreme Court has frozen the IPC 124-A sedition law, the accused will have to face trial under the UAPA (Unlawful Activities Prevention Act).

Police said the offences other than sedition would remain on the accused.

UAPA has been charged in about 20 sedition cases in Kerala. Most of the cases are against the Maoists. The UAPA has also been linked to sedition in cases of attempting to overthrow the government, calling for an armed revolution, counterfeiting, armaments training and arms procurement.

UAPA is also being abused. The Kerala Police has been embroiled in a controversy for charging UAPA for pasting posters against the government and the police. The Supreme Court has ruled that the UAPA will not stand against Alan Shuhaib and Thaha Fazal in Kozhikode and that the UAPA should be charged for the crimes to propagate activities of terrorist organizations, not for supporting them. This carries a maximum sentence of 10 years in prison and a fine. The High Court had earlier quashed UAPA and sedition in three cases against Maoist leader Rupesh.

The UAPA charges against writer Kamal Chavara for insulting the national anthem and social activist Nadir for alleged Maoist links were dropped. The UAPA charged in 42 cases against public figures, social activists and politicians has been cancelled. UAPA charges have been banned at the station level without the prior permission of the district police chief following the police misuse. The government will allow prosecution only if there is a recommendation from the committee of retired Justice PS Gopinathan Nair. Of the 145 UAPA cases taken up by the first Pinarayi government, only eight were allowed for prosecution.