Declare allegiance to Constitution, shun Maoism: Madras High Court bail condition for Maoist accused

The Madras High Court on February 3 granted bail to a woman accused of Maoist activities provided she swears on affidavit that she owes faith and allegiance to the Constitution of India and that she does not believe in Maoism [Sathya Mary @ Padma vs State]..The applicant, Sathya Mary @ Padma, was booked under offences of Prevention of Terrorism Act (POTA), Arms Act and offences of rioting and disrupting public servants duty under the Indian Penal Code. The Court recorded that she was accused of being a Maoist, wedded to violence, as a means to bring about a political change. .Padma's lawyer, advocate R Sanakarasubbu contended that the applicant is sick, bedridden and unable to do her daily chores without help. He emphasized that Padma had turned over a new leaf which is why she surrendered before the Court in 2018 and since then had been incarcerated.A Bench of Justices PN Prakash and R Hemalatha proceeded to grant bail to the applicant on account of the applicant's health condition. The Court also took note of the fact that she had voluntarily surrendered in the year 2018 and has been in incarceration for over three years since then."We are applying a soothing balm, in order to give her an opportunity to reaffirm her allegiance to the Constitution of India," the Bench said..The Court instructed Padma to file an affidavit in Tamil affixing her signature and thumb impression before the trial judge stating:that she owes faith and allegiance to the Constitution of India and that she does not believe in Maoism;that she does not believe in violence as an ideology; andthat she would do nothing to subvert the Constitution of India.The prosecution's case was that Padma was granted conditional bail in 2005 which was eventually cancelled after she absconded in 2009. In 2018, right before she was to be declared a proclaimed offender, she surrendered before the Special Court and was remanded in judicial custody, Additional Public Prosecutor, R Muniyapparaj brought to the Court's attention..The Bench observed that people wedded to a certain ideology like the present applicant, could do everything possible to prevent the conduct of the trial, which will not be known to the outside world or to the press."On account of the dilatory tactics adopted by them, evidences would disappear, eventually leading to their acquittal. At that time, there will be a hue and cry saying that the system, without any material thereof, had kept the person in prolonged incarceration. This is the bane of our present day criminal justice system and we have to grudgingly endure it," the order stated.Despite the observations, the Bench allowed Padma's application and directed the special court to grant her bail after execution of bail bond of ₹25,000.Additionally, the Bench permitted the Special Court to revoke her bail if she uses dilatory tactics during the course of the trial. The Bench also permitted registration of fresh FIR against her, in the event, Padma goes absconding again..[Read Order]