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

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

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

READ: Two CPI(M) Student Activists Move HC For Bail

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 not in tune with the government cannot be construed as an offence, as it will go against the spirit of Article 19 (1) (a) and (c) of the Constitution.  Article 19(1) (a) of the Constitution of India guarantees to all its citizens the right to freedom of speech and expression, and Article 19(1) (c) of the Constitution guarantees the right “to form associations, unions or co- operative societies. However, the State may by law impose reasonable restrictions on this right in the interest of public order or morality.

READ: Four Cops Killed In Maoist Attack In Jharkhand

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

READ: Rajnath Warns Maoists Against Violence In Wake Of Jharkhand Attacks On Cops, Civilians

(With agency inputs)