In February 2020, speaking in the Kerala Assembly, Chief Minister Pinarayi Vijayan declared that no case has been filed against anyone in the state for participating in protests against the Citizenship (Amendment) Act (CAA). But a year later, 46 political, cultural and religious leaders in the state have got summons from the Kozhikode police for the same. Ironically, many of those who have received the summons were not even present at the protests on the specific date. And the charges against the 46 people include rioting.
A group of political parties, including the Social Democratic Party of India (SDPI), Welfare Party and others had organised the hartal. The summons have been sent to those who participated in, and to those who expressed their solidarity for, a hartal which was held on December 19, 2019, against CAA. They were asked to appear before the Kozhikode First Class Judicial Magistrate Court. Indian Penal Code sections such as 109 (abetment), 143 (member of unlawful assembly), 147 (rioting), 283 (danger or obstruction in public way or line of navigation) and 149 (member of unlawful assembly guilty of offence committed in prosecution of common object) have been charged against them.
Police say the reason for taking up the case was that the protestors had not taken permission from the police seven days prior to the protest, as ordered by the Kerala High Court. There was also sporadic violence reported during the hartal, protestors pelted stones at buses in Palakkad and Kollam.
"They sought police permission, but it was not granted,” one of the 46 people who received the summons but was not present in Kozhikode when the protests and hartal was going on told TNM. “They were expecting the permission. I gave them permission to keep my name in the leaflets of the protest. I did not participate in the hartal. How many political parties have conducted Hartal after and before this incident? So there was no intention to break any rule. Also our government was so against the CAA and I myself have participated in many protests that were organised by Left parties in Kerala," she added.
Many groups, activists and the Left Democratic Front (LDF) itself had spearheaded campaigns and protests against CAA in the state. A statewide human chain, where the Chief Minister himself participated, was also a part of these protests. There were also reports that those protests too had created obstruction in public way, but they were not legally penalised.
In the Assembly in February 2020, the CM had lashed out at SDPI for conducting anti-CAA protests. Pinarayi Vijayan had said that SDPI was ‘infiltrating peaceful protests’.
"Many organisations have been conducting protests. No case has been filed against any of these protestors. But action will be taken against whoever indulges in violence. Any government will do that, there is no connection with anti-CAA protests and those cases," the CM had then said.
The activist who spoke to us, pointed out that involvement of the SDPI and Welfare Party was the main issue for the government. She alleged that this selective filing of cases by the LDF government is Islamophobic.
"Mainstream parties all have taken the stand that they wouldn't support SDPI and PFI protests. The demonisation of these parties (SDPI and PFI) have been taking place for a while. Do we have any proof that these organisations are doing some extremist activities as they are accused of? My stand is against CAA, so I have been a part of many such protests, then why should this protest be singled out?" she asked.
Another activist who supported the protest, but did not receive the summons, told TNM that these cases were only targeted at SDPI.
"Neither SDPI nor the Welfare Party are banned in India. So then what is wrong in supporting the protests they organise? We have sought permission from the police, they denied the permission because there were these parties involved," he said.
In 2019 and early 2020, the police had registered several cases against people who had carried out anti-CAA protests. In Kuttiyadi of Kozhikode many cases were registered after people raised communal slogans citing Gujarat riots in the protest march. Similar incidents happened in Ernakulam district too. But the CM had said that all were attempts from SDPI to infiltrate peaceful protests.
Among the people who received the latest summons there were prominent leaders and activists such as KK Baburaj, TT Sreekumar, J Devika, NP Chekutty, Nasar Faisy Koodathai and the late T Peter. One among them also pointed out that it was insensitive and incompetent of the police to send summons to T Peter, a well respected National Fishermen Forum leader, who died last year.