Possessing book about Bhagat Singh not barred by law: Karnataka court while acquitting UAPA, sedition accused

Possessing a book about revolutionary Indian freedom fighter Bhagat Singh is not barred under law and the mere possession of instigating newspaper cuttings is also not an offence, observed a Karnataka court recently while acquitting two men accused of having Naxalite links (State of Karnataka v. Vittala Malekudiya and Another).In 2012, the two accused were arrested for allegedly harbouring and concealing Naxalites. It was also alleged that the two accused had entered into a criminal conspiracy with other conspirators in order to wage war against the sovereignty of India..During a search operation at the house of the accused, the police had retrieved several newspaper cuttings and a book about Bhagat Singh. Additionally, certain articles which were allegedly in the nature of being used by Naxalites were also recovered..The Counsel for the accused, however, countered that the other articles seized from the house of the accused were 'household articles' and not related to activities of banned organizations or Naxalites..Additional District and Sessions Judge BB Jakati ultimately concluded that the material recovered was not sufficient to sustain the charges of 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 observed:“… possessing the book of Bhagat Singh is not barred under law … even if there is any instigative publication in the newspaper, the accused No.6 and 7 are not answerable for such publication. Mere possession of paper cuttings of newspaper does not amount to any offence.”.The Court further opined that certain writings recovered from the premises of the accused concerning demands for boycotting local elections also would not imply that the accused were engaged in Naxalite activities..Among other factors, the judge also noted that the witnesses examined by the prosecution have expressly denied the case of the prosecution. No incriminating evidence was obtained from the seized mobiles, it was observed..In this backdrop, the judge proceeded to acquit the two accused before the court..“Acting under Section 235 of Code of Criminal Procedure the accused No.6 and 7 are hereby acquitted for the offence punishable under Section 120B, 124A of Indian Penal Code and Section 19 and 20 of Unlawful Activity (Prevention) Act, 1967,” the court’s judgment stated..[Read Judgment]