Landmark Judgement In Kerala

Aboo Backer

IN a landmark judgement on July 20, a division bench of the Kerala High Court nullified the provision that courts have no power to grant bail to the persons arrested under Kerala’s Essential Services Maintenance Act. The bench said the provision is unconstitutional and void, as it violates articles 21 and 22 of our constitution. These articles give the people the right to life and protection from illegal imprisonment. 

Chief justice B L Sri Krishna headed the bench.

The Kerala ESMA was passed at the time of the last strike of employees and teachers. That indefinite strike, which continued for 32 days, was forced by the government’s bid to satisfy the Asian Development Bank and other such bodies. The strikers were threatened with retrenchment and other punitive measures if they did not obey the autocratic steps. But the employees and teachers solidly continued the strike till a settlement was reached. 

According to the said act, the police could arrest any person suspected to have committed a crime, and no court would grant bail to her or him.

The judgement came on the petition filed by the All India Lawyers Union, Human Rights Defence Forum of Kochi and Human Rights Forum of Mavelikkara, requesting the court to declare the act void.

The judgement has come as a jolt to the already unpopular UDF government of the state. 

HC STAY ON ILLEGAL

APPOINTMENTS

IN another judgment, the High Court has stayed the health department’s attempt to appoint health inspectors. The department was trying to make such appointment through the backdoor while the state’s Public Service Commission has already selected hundreds of applicants and the court had directed the government to appoint these PSC-selected candidates, at least on a provisional basis. But the government was in no mood to obey the court order and continued with its attempt to hold the farcical interviews at the district medical office, Kozhikode, for the health inspector posts.

The court issued the stay order on a petition filed by some PSC-selected candidates. It directed the DMO to be personally present his explanation to the court before July 31.

In the meantime, youth under the DYFI’s banner obstructed the attempt to appoint health inspectors through the backdoor. The huge police platoon, mobilised to foil the protest, failed in its job as the protestors prevented many backdoor candidates from attending the farce of an interview. 

This is only one among scores of corrupt practices resorted to by the state’s UDF ministers. Today the residences of local UDF leaders are crowded with fortune seekers. These leaders extract huge sums and other types of bribe, present them to UDF ministers and bigwigs, and get a share in every deal.

CHARGE OF

CORRUPTION

ON July 16, T K Devakumar, a CPI(M) MLA, gave notice to the assembly speaker on allegations of corruption against K V Thomas, fisheries minister. The main charge related to the purchase of out-board engines for distribution among fishermen on loan. The purchase was ruled out by the board of directors of the federation but was effected at the minister’s intervention. Three hundred engines were purchased at a great loss to the institution and its loss has been someone’s gain as commission.

DESABHIMANI FOR TRUTH & CLARITY

THE local priest of Yakobaya Church at Peechi in Thrissur district read almost the whole news report in Desabhimani daily on the Supreme Court decision on Malankara Church dispute, after the usual mass on Sunday, July 14. His comment was: it is better to follow Deshabhimani for news based on truth and clarity.

RSS ATTACK

AT HOSPITAL

ON July 14 evening, Parithosh, 30, a CPI(M) worker, was fatally stabbed by the security staff of a private hospital at Kannur. Parithosh was listening to the two sides of a quarrel that took place near the hospital, when the security staff of the hospital, who are known as members of an RSS gang, stabbed him. Parithosh was later taken to the medical college hospital in a critical condition. The police, however, arrested a doctor of the said private hospital on charge of instigating this murderous attack.

CPI(M) LEADER

HACKED TO DEATH

 M Ashraf (40), a member of the CPI(M)’s Punalur area committee, was hacked to death by a gang of Muslim fundamentalist outfit, NDF. The gang came to Ashraf’s house in the dead hours of July 19 night, exploded bombs to scare off the neighbours, forced themselves into the house and attacked Ashraf in presence of his father and other inmates. The gang then escaped in a jeep. Ashraf was taken to the hospital but died on the way. The CPI(M) area committee organised a hartal in the area in protest.

On July 23, people of the area compelled the closure of a school under a pro-NDF management. The school was located near the place where Ashraf was hacked to death, and was being used as a centre of training in the use of rods, arms, etc. It was also a hiding place for NDF gangs and a store for arms of various kinds.

FREEZE ON

ADIVASI FUNDS

ON July 19, opposition members walked out of the assembly in protest against the refusal to hold an inquiry into the freeze on adivasi development fund totalling Rs 39 crore. The UDF government has frozen the plan allocation of Rs 39 crore earmarked for adivasi development and welfare works, to be executed through panchayats and with the adivasis’ direct participation. The government has, instead, directed the department officials to keep the amounts with them for works to be decided later. This freeze has resulted in a loss to the adivasis as the officers did not utilise the amounts for want of directions from above. The members pointed out that the denial of money to panchayats and keeping the same in bank deposits was in violation of financial rules and procedures, which calls for an inquiry. Opposition MLAs said they would continue to take up the issue on the floor.

CPI(M) PLANS

CAMPAIGN

ON July 18, CPI(M) state secretary Pinarayi Vijayan announced the party’s plan of a comprehensive campaign on the Congress-led UDF government’s anti-people policies. CPI(M) units will hold campaign jathas in all areas from August 24 to 31 and a minimum of 3 lakh volunteers will picket all the taluk revenue offices and collectorates from September 2 to 12, court arrest and go to jail everyday. This campaign will be against all anti-people policies on agriculture, labour, education, employment, PSU sale and other areas and against widespread corruption of the ruling front.

SFI STAGES

MARCHES

ON July 18, the SFI held marches to the state Secretariat and district collectorates to press for urgent consideration of its charter of demands presented to the government two months back. The SFI’s demands are for a review of the decisions on privatisation and communalisation of education, closure of schools, timely supply of text books, etc.

SQUATTING

ON RAIL LINES

ON the same day, thousands of persons practically occupied the rail lines and railway stations in Kochi, to protest over the proposed sale of the central PSU --- the Fertilisers and Chemicals Company (FACT). This company has been running in profit for years and is the main supplier of fertilisers of all kinds in south India. The protest was organised by the joint Save FACT Committee and volunteers were seen on the rails from 8 a m onward. Workers of the company came with members of their families to occupy the rail lines. The train movement was totally paralysed from 8 a m to 1 p m as the four stations in Ernakulam city and the nearby rail lines were fully occupied.

TODDY WORKERS  FOR AGITATION

 ON July 23, inaugurating a medical camp of toddy workers at Trissur, V S Achuthanandan, leader of opposition, said the toddy workers would have to take to the agitation path again. This is the only way to get work and wages assured for all the workers who have lost their jobs became of the new liquor policy of the government. He commended the toddy workers’ determined struggle in face of police cruelties. The struggle was a model for all other workers, VS said, asking the government to immediately implement the agreement to offer work and wages to all the workers who were registered members of the toddy workers’ welfare fund.

Meanwhile, the Kerala State Karshaka Thozhilali Union has restarted from July 24 the struggle for distribution of excess land now vested with the government. There are 1,023 areas of excess land to be distributed to the landless rural people as per the provisions of the law. The union said it would not allow any further delay in the distribution of these lands. (INN)