Lawstreet Journal

NIA Court Grants Bail To Students Arrested For Alleged Maoist Links, Says “There Is Reasonable Doubt On Question Of Prima Facie Case” [READ ORDER]

Lawstreet Journal 14 Sep 2020 6:11pm

Image courtesy: Lawstreet Journal Judiciary NIA Court Grants Bail To Students Arrested For Alleged Maoist Links, Says “There Is Reasonable Doubt On Question Of Prima Facie Case” [READ ORDER]

The National Investigation Agency (NIA) Court on 9th September, Wednesday granted bail to the students named- Allan Shuhaib and Thawaha Fazal who were arrested by the Kerala Police under the Unlawful Activities (Prevention) Act for having associations with the banned Maoist groups. 

The Judge on the case Anil K Bhaskar noted that the accused party was able to convey a rational as well as realistic doubt on the question of prima facie case and thus the bar under section 43D(5) of the UAPA Act is raised as there was no clear prima facie indicating that the students were linked to the banned terrorist group. The court even mentioned that their main policy is to discourage disaffected groups from embracing terrorism in order to fight terrorism. 

Both the students, Allan and Thawaha are the activists of the Communist Party of India (Marxist) who were arrested by the Kozhikode police on 2nd November 2019 alleged that they have links with the Maoist and been under custody since then. Their plea of bail was denied by the High Court of Kerala as they were arrested under the charges of the UAPA Act for having associations with a terrorist group. 

While granting bail the court marked that the suspected persons were students, didn’t have any influential backing, and were not involved in any past criminal experiences, and were young men who had the possibility of reforming themselves.

So the court said, “On appraising the materials placed on record for the limited purpose of the disposal of bail applications, it appears… Continue Reading...


Tagged: National Investigation Agency  
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