Kerala HC rejects bail plea of two CPI(M) student activists

The Kerala High Court on Wednesday dismissed the bail plea of two student activists of ruling CPI(M), who were arrested under the Unlawful Activities Prevention Act (UAPA) for allegedly distributing pro-Maoist pamphlets. Dismissing the bail applications of Thwaha Fazal, 24, and Alan Suhaib, 20, a division bench of Justices A Hariprasad and N Anilkumar said prima facie there were sufficient materials against both accused.

The court admitted the evidences submitted by the police to prove that the arrested students had Maoist links. After bestowing a careful attention to the facts and circumstances revealed from the materials placed before us and also on hearing the counsel on both sides, we are prima facie of the view that there are sufficient materials against the appellants to continue an investigation for the aforementioned offences under UA(P) Act, the bench said.

".. release of the appellants at this stage of investigation may hamper or adversely affect the furtherance of the same," it said in the order. Citing the prosecution case that the third accused was still at large, the Court said the investigating agency apprehends that the accused people, if released on bail, may not only meddle with the investigation, but also flee from justice.

"We are not persuaded to ignore these apprehensions. We are, therefore, not inclined to grant bail to the appellants at this stage of the investigation", the Court said. Opposing the bail, the state had submitted that the third person found in the company of the accused at the time of detection of the offence and who fled before apprehension has been identified as Usman from Malappuram district.

The 40-year-old is an accused involved in 10 cases, out of which five crimes, registered in various police stations, are offences under UA(P) Act along with offences under IPC and Prevention of Damage to Public Property Act. Presence of the accused people in the company of such a person, according to the state attorney, is a clear indication of their linkage to the banned organisation.

Earlier, a court in Kozhikode had turned down their bail applications after finding that there was prima facie evidence of Maoist links, against them. In his bail plea, Fazal had said possession of literature of a banned organisation or holding any revolutionary political philosophy not in tune with the government cannot be construed as an offence, as it will go against the spirit of Article 19 (1) (a) and (c) of the Constitution.

He had contended that his arrest and implication was 'illegal.' Citing various judgements, he had submitted that shouting of slogans 'Inquilab Zindabad and Maoism Zindabad' will not attract any criminal offence. Fazal and Allan, students of journalism and law, respectively, and the CPI(M)'s branch committee members, were arrested on November 2 from Kozhikode, leading to widespread criticism in the Left-ruled state.

The two accused are under judicial custody..