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He was also found to have officially created 'CPI Maoist Naxalite' blog and was using proxy server to hide his identity.
The Chhattisgarh High Court while denying bail to CPI (Maoist) spokesperson Abhay Devadas Nayak, under Section 439 of CrPC, not only was of the opinion that the allegation against Nayak was ‘prima facie true’, but also found his rejected applications in all the three cases absolutely justified.
In the present matter, three Special Sessions Trials for crimes registered in three Police stations i.e. Mardum, Darbha & Kondenar were clubbed together. It was the case of the prosecution that there were pamphlets and literature containing propagation of naxal movement, alongwith steel-made IED Tiffin bomb found in different areas by the Police. Nayak’s and Vikalp’s (naxali leader) email ID and mobile numbers were found written over the seized articles.
Upon further investigation, Nayak’s active involvement as a part of urban network of naxal organisation was brought to notice, where he looked after the publicity of naxal activity, and connected people with the movement through his Internet blog and other sites, i.e. Twitter, Google, Plus, Yahoo etc. It was further found that Nayak received emails from Vikalp, Gudsa Usendi and other naxali leaders containing anti-national publicity documents and attachments.
For background, Nayak was arrested by Chhattisgarh Police in June 2018 from Delhi Airport and was booked under Section 120B of the Indian Penal Code, Sections 13(1)(b), 18, 38 and 39(2) of the Unlawful Activities (Prevention) Act, 1967 and Sections 8(1)(3)(5) of the Chhattisgarh Special Public Security Act, 2005.
It was found that Nayak was carrying out online recruitments for Naxal cadre, for which he had even received Rs 17, 49,881 from international sources. It was also alleged that he had a blog with contents relating to the organisation CPI Maoist and other materials, which were received and disseminates to others. This was even found prima facie to be true by a Single Judge Bench.
Therefore, the bench comprising of Justice Sanjay K. Agarwal and Justice Deepak Kumar Tiwari after considering the evidence placed that were relied on by the NIA, opined, “Considering the material available on record, it is apparent that the appellant is a member of over ground cadre of CPI(M) and also found using the email ID to propagate naxal movement and ideology and he has opened the Blog Abhay Naxal Revolution and is actively involved in online recruitment of naxal cadre. He was also found to be using proxy server to hide his identity and he is also found to have officially created 'CPI Maoist Naxalite' blog and also wrote his blogs as 'abhaynaxalrevolution' to hide his overtly and expressly Maoist connection”.
“…A member of Coordination Committee of Maoist Party and Organisation of South Asia and also traveling records of 15 countries and having an amount of Rs.17,49,881 from international sources and from other material available on record, which completely furnished reasonable ground for believing that the allegation against the appellant is prima facie true”, Court further held.
Case Title: Abhay Nayak vs. The State of Chhattisgarh
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