Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code.The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of...
The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code.
Regarding the offence of sedition, the High Courtheld that the power of the designated court to try the accused for any offence other than the offences under the special statute can be exercised only in a trial conducted for any offence under the special statute. Therefore, when the cognizance taken of the offences under the UAPA is held to be without jurisdiction for want of valid sanction, there is no question of a valid trial being held by the Special Court into any offence under the IPC.
On these grounds, the cognizance taken by the Sessions Court under the IPC and UAPA were set aside and the Criminal Revision Petitions were allowed accordingly by the High Court.