Kerala HC rejects bail plea of CPI (M) activists' charged under UAPA

Kerala High Court on Tuesday rejected bail application of two Communist Party of India - Marxist  workers who were charged under Unlawful Activities (Prevention) Act (UAPA). court upheld government's argument of t granting bail. CPI (M) workers Alan Suhaib (20) and Taha Fazal (24) were detained in Kozhikode district of Kerala on vember 1 and were later charged under UAPA.  two CPI (M) activists were arrested for allegedly distributing pro-Maoists pamphlets condemning killing of four Maoists in Palakk district.

duo h moved to high court on vember 8, seeking bail. Considering bail plea, court sought views of government on matter and h posted case for vember 14. Earlier, a court in Kozhikode h turned down bail applications of Taha Fazal and Alan Suhaib, after it was found that re was prima facie evidence of Maoist links against m.  arrest of two students let to widespre criticism in Left-ruled state. 

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Fazal's statement in bail plea

In his bail plea, Fazal said possession of literature of a banned organisation or holding any revolutionary political philosophy t in tune with government cant be construed as an offence, as it will go against spirit of Article 19 (1) (a) and (c) of Constitution.  Article 19(1) (a) of  Constitution of India guarantees to all its citizens right to freedom of speech and expression, and Article 19(1) (c) of  Constitution guarantees  right “to form associations, unions or co- operative societies. However, State may by law impose reasonable restrictions on this right in interest of public order or morality.

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Fazal contended that his arrest and implication is illegal. He said order of sessions court denying him bail was "illegal, irregular and against ends of justice". Citing various judgements, he submitted that shouting of slogans "Inquilab Zindab and Maoism Zindab" will t attract any criminal offence. Fazal's bror and aunt h said y have faith in judiciary and that police h laid out 'fabricated evidence'. Sabitha Mathil, Alan's mor, has said more than bail, she wanted her son to 'come out clear of all charges'. 

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(With ncy inputs)