UAPA Case : Allan Shuhaib's Bail Will Be Challenged Too, Says NIA; Supreme Court Adjourns Thwaha Fasal's Bail Plea

The Supreme Court on Friday adjourned to next week the hearing of the petition filed by Kerala youth Thwaha Fasal, booked under the UAPA for alleged Maoist links, challenging the Kerala High Court's judgment which set aside the bail granted to him by the trial court.The Court adjourned the matter after being told that the National Investigation Agency was intending to challenge the bail granted to the co-accused Allan Shuhaib, which was left undisturbed by the High Court.If the NIA is proposing to challenge the bail granted to the co-accused, the bench said that it will hear both the matters together, as hearing one matter alone might affect the other matter."We will like to hear both the matters together. Because if we decide this alone, the other matter will become still born. We will list this matter on coming Friday. Meanwhile you file the other SLP", Justice UU Lalit, the presiding judge, told Additional Solicitor General SV Raju.Before that, the bench, also including Justice Ajay Rastogi, had heard Senior Advocate V Giri, representing Thwaha Fasal, on the background of the case. Giri informed the bench that Fasal has already undergone over 530 days of custody. On being asked by the bench about the maximum punishment for the offences alleged against him, Giri replied that it ranges between 5 to 10 years.The senior counsel further informed the bench that the NIA is relying upon certain books, pamphlets and banners allegedly seized from Thwaha Fasal. There is a book on Indian caste system published by the Central Committee of CPI(Maoist), a book of Rosa Luxemburg on the thoughts of Lenin, a book tilted "Hello Bastar : The Untold Story of Indian Maoist Movement" by Rahul Pandita. Giri further said that there were certain pamphlets calling for the implementation of Madhav Gadgil report, condemning the police encounters of Maoists, criticizing government actions in Jammu and Kashmir etc."He is a young boy aged around 23 years. He has no antecedents", Giri submitted. He informed the bench that Fasal was a student of journalism and came from a poor background.Justice Lalit asked if there was any evidence other than these books and pamphlets to show any overt acts by the accused."Apart from these, was there anything else said by the witnesses? What exactly is the material against this man?", Justice Lalit asked.SV Raju, appearing for the NIA, said that the pamphlets and banners were written by the accused himself. He added that some notes of the Maoist organization meant for internal circulation were also recovered from him. The accused also held banners calling for independence of Jammu and Kashmir, the NIA counsel added. Further, SV Raju submitted that one of the accused is still absconding."Is there anything objectionable about the pamphlet on Madhav Gagil report?", Justice Lalit asked during the hearing/"Nothing. It is a report for preservation of western ghats. It is there in public domain", Giri replied.After a brief hearing, the bench asked the NIA about their stand about the bail granted to co-accused. Raju replied that the petition has been drafted and will be filed in a couple of days.Giri pointed out that the NIA had said the same thing in April 2021 as well during the admission hearing of Fasal's petition."The HC order came in January. If they haven't challenged it so far, adverse inference may be drawn", Giri said.In April, the Supreme Court had issued notice in Fasal's petition orally observing that the "trial court has also passed an equally well reasoned order". Arguments in the Special Leave PetitionIn the special leave petition filed in the Supreme Court, Fasal has stated that the High Court failed to note that "mere possession of Maoist literature is not a criminal offence"."Mere possession of documents of banned organization along with other books of current political and social issues, to the most, only indicating a learning process from the side of the petitioner especially he was a journalism student", the plea states. It is stated that in addition to the books published by CPI(Maoists), articles and pamphlets on various topics ranging from, books by Rosa Luxumberg, articles on the demolished Maradu apartment buildings, were also confiscated from him. The 25-year old points out that none of the materials allegedly seized from him are neither banned nor exhorting or supporting terrorism. It was on January 4 that a division bench comprising Justices A Hariprasad and K Haripal set aside the Special NIA Court's order which granted bail to Thwaha Fasal and co-accused Allan Shuhaib. The Special Court, in its order delivered in September last year, had observed that no prima facie case was made out against the accused so as to attract Section 43D(5) of the Unwalful Activities Prevention Act as regards grant of bail. The Special Court observed that the case materials, at the most, suggested that the accused had Maoist leanings but had not indulged in any...

UAPA Case : Allan Shuhaib's Bail Will Be Challenged Too, Says NIA; Supreme Court Adjourns Thwaha Fasal's Bail Plea

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