Ashfaq EJ & K Shabas Haris
Vijith Vijayan, an accused in the Pantheerankaavu Unlawful Activities (Prevention) Act (UAPA) case, is reportedly enduring human rights violations within the confines of Viyyur High Security Prison, where he has been incarcerated since January 21, 2021.
Vijith is currently alleged to be facing serious violations of his fundamental rights inside the prison, including the right to education and basic mobility. Sources claim that since November 2024, he has been confined to his cell for approximately 21 hours a day, contravening Rule 225 of the Kerala Prisons and Correctional Service (Management) Rules, 2014, which discourages extended isolation as a routine disciplinary action.
A mechanical engineering graduate from Wayanad district, Vijith was known for his active involvement in human rights work and worked as a tutor in Kozhikode before his arrest. His detention in January 2021 was linked to the 2019 arrest of student activists Alan Shuhaib and Thaha Fasal, who were accused by Kerala police of having Maoist connections.
The case triggered widespread criticism of the CPI(M)-led state government, which, despite its owed opposition to draconian laws such as UAPA, defended the arrests by asserting the individuals’ alleged Maoist affiliations. Ironically, the CPI(M)’s 2024 Lok Sabha election manifesto later advocated for the “scrapping of all draconian laws like UAPA and PMLA,” a shift that came after the Pantheerankaavu arrests.
In court, police claimed that Vijith had been involved with Maoist student movements since 2014, alleging he translated Maoist literature, maintained links with activist CP Jaleel, who was killed in a police encounter in Vythiri, and recruited youth into Maoist organisations. While Alan and Thaha eventually secured bail after lengthy legal battles, Vijith and another co-accused, Usman, have received far less media attention and remain incarcerated.
In response, Vijith filed a petition with the NIA Special Court alleging unlawful confinement. The court reportedly permitted him to move out of his cell in accordance with prison regulations. However, the Superintendent of Viyyur Jail challenged this order, and a division bench of a higher court stayed the permission, without issuing a reasoned or detailed judgment.
Vijith’s attempt to pursue legal education has also run into obstacles. He ranked 35th in the LLB entrance examination and secured admission to Ernakulam Law College with initial approval from the NIA court. However, due to the University Grants Commission (UGC) mandate for in-person attendance and restrictions imposed by his UAPA trial status and high-security confinement, he has been unable to attend classes.
“Vijith was a brilliant student… Now he is denied his studies. That decision from the state and its system negatively impacted him… Whenever he calls us, he only speaks about the possibility of studying LLB in jail. The first semester is already over. If the decision is not made fast, his dream to become a lawyer will become a distant dream,” Jithin, Vijith’s younger brother, voiced deep concern.
“Adding to this, he is also denied from move out of his cell, and he is locked for nearly 21 hours a day in his cell. This made him mentally frustrated… For nearly four years, he has been confined for 21 hours in his cell. Media and public are not aware of it.”
This silence from the public comes from the COVID-19 pandemic period when prisoners were allowed to attend online classes, and with two current inmates from Kannur Central Jail reportedly pursuing online LLB courses, authorities have rejected the possibility of extending such facilities to Vijith. The cited reason: his UAPA trial status and categorisation as a high-security prisoner.
“The CPI(M)-led Left government, which regularly condemns the union government’s human rights violations, is itself denying Vijith’s right to education,” said Hari, convenor of ‘Janakeeya Manushyavakasha Prasthanam’ (People’s Human Rights Forum).
He recalled that a previous judge had even suggested a mobile phone could suffice for online classes, but after consulting higher authorities—namely, the Home and Education Ministries—the jail superintendent and college administration denied permission.
Lawyer Tushar Nirmal pointed to a recent government order that allegedly singles out political prisoners, especially those accused of Maoist or Popular Front of India (PFI) links, banning them from communal areas due to fears they may “impose ideologies” or “organise from within” the prison. He explained how the NIA court’s permission for Vijith to access basic mobility was overturned by a higher court without explanation, giving prison officials unchecked authority to isolate inmates without due justification.
Thaha Fasal, Vijith’s co-accused, condemned the treatment as deeply unjust. “The Vijith Vijayan case shows us that prisons are not working as correctional homes, but as torture centres… The NIA Special Court granted him permission to leave his cell, but the superintendent appealed and had it stayed. This shows the revenge mentality of jail authorities toward prisoners.”
Fasal recalled his own experience behind bars, noting how his request to pursue a Master’s degree was denied, and his study notes were seized by prison officials.
“He was more than a brother to me. It was Vijith who encouraged me to study LLB. He took all the initiative for my studies and cared deeply for our family,” said Jithin.
“He used to read extensively and write thought-provoking pieces. He was someone who stood against injustice, never afraid to speak the truth. After his arrest, our family life fell apart. Our parents are dealing with mental trauma… Even during my wedding, the court refused him bail, saying his presence was not necessary. The saddest part is the silence from the media and the public. If society begins to question this oppression, perhaps it could change his situation.”
Activists argue that Vijith’s case highlights not only the misuse of UAPA but also the failure of correctional systems in upholding basic human rights. Vijith’s family argues that the less visibility in his case might be a reason for the state to deny basic rights to him.
“The society is not even discussing Vijith’s name. It’s becoming easy for the state to deny basic rights to him. The civil society must address the injustice endured by him and others in the jail. That’s the basic commitment we owed to him and others,” Jithin added.
 Act (UAPA) case, is reportedly enduring severe human rights violations within the confines of Viyyur Central Jail, where he has been incarcerated since January 21, 2021.){kind=link}