NIA court docket grants bail to 2 college students held below UAPA

Written by Shaju Philip
| Thiruvananthapuram |

September 10, 2020 4:50:48 am

The NIA had produced a scribbling in a diary of the accused as proof of Maoist hyperlinks. The court docket stated “a provocative thought ipso facto doesn’t show preparation for a criminal offense”.

The NIA court docket in Kochi on Wednesday granted bail to 2 college students, who have been arrested for alleged Maoist hyperlinks in November final yr and have been going through prices below UAPA. While releasing Allan Shuhaib, 20, and Thwaha Fasal, 24, on bail, particular decide Anil Ok Bhaskar positioned stringent situations.

Allan, a legislation pupil, and Thwaha, a journalism pupil, each cadres of ruling CPI(M), have been arrested from Kozhikode by native police and charged below Sections 38 and 39 of UAPA and Section 120B of IPC. The second accused was additionally charged below Section 13 of UAPA. Later, the case was handed to the NIA. While granting bail, the NIA court docket stated there isn’t a allegation by the prosecution that the accused conspired to do any particular terrorist act.

On evaluating the supplies positioned on report, the decide stated, “It seems to me that though the prosecution was in a position to set up the primary postulate of part 38 and 39 of UAPA that the accused had related to and supported the Maoist organisation, it’s uncertain whether or not the prosecution has made out a prima facie case relating to the second postulate that the affiliation and help rendered by the accused to the banned organisation have been finished with the intent to encourage, additional, promote or facilitate the fee of terrorist actions. In different phrases, the petitioners have been in a position to deliver out a rational and affordable doubt on the query of prima facie case.”

The NIA had produced a scribbling in a diary of the accused as proof of Maoist hyperlinks. The court docket stated “a provocative thought ipso facto doesn’t show preparation for a criminal offense”.

The court docket additionally rejected the NIA bid to point out the accused individuals’ alleged Maoist hyperlinks by saying that books and video clips seized from them had additionally been discovered with Maoists killed in encounter.

The court docket noticed that the petitioners don’t have any prison antecedents and that the prosecution was not in a position to level out a single occasion whereby the petitioners have resorted to violence.

The court docket quoted verdicts of different courts that had granted bail to individuals charged below UAPA. Referring to a verdict of Bombay High Court, the NIA court docket stated, “Various individuals are influenced and get attracted in direction of Maoist philosophy… It is not possible to be maintain that each one such individuals are to be handled as members of terrorist organisations…”

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