The Kerala High Court on Monday set aside a lower court order granting bail to a youth from Kozhikode in north Kerala who was booked under the Unlawful Activities Prevention Act (UAPA) for alleged links with Maoists.
After cancelling his bail, the court directed Thwaha Fasal, 23, to surrender before the trial court. But the court did not cancel the bail of another youth Allan Shuhaib, 19, who was arrested along with Fasal two years ago. Active workers of the ruling Communist Party of India (Marxist) said their arrest had whipped up a controversy and later both were expelled from the party.
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Both were granted bail by the special National Investigation Agency (NIA) court in last September after spending nine months in jail which was challenged by the NIA in the High Court. Arrested by the Kerala police in November 2019, later the case was handed over to the NIA and UAPA was slapped on them by the central agency.
A division bench comprising Justices A Hariprasad and K Haripal accepted the contention of the NIA that Fasal, a journalism student, was involved with activities of the banned outfit and cancelled his bail. But the court said it was not interfering with the bail of Shuhaib at the moment considering his age and different degree of involvement. The court has also directed the NIA court to complete the trial within a year. Last year, the NIA court, while granting bail to them, observed that mere possession of notices or pamphlets were not solid evidence to prove their involvement with Maoists.
{{/usCountry}}A division bench comprising Justices A Hariprasad and K Haripal accepted the contention of the NIA that Fasal, a journalism student, was involved with activities of the banned outfit and cancelled his bail. But the court said it was not interfering with the bail of Shuhaib at the moment considering his age and different degree of involvement. The court has also directed the NIA court to complete the trial within a year. Last year, the NIA court, while granting bail to them, observed that mere possession of notices or pamphlets were not solid evidence to prove their involvement with Maoists.
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