Thwaha Fazal and Alan Suhaib
Kochi: Two CPI(M) student activists, who were arrested under the Unlawful Activities Prevention Act (UAPA) for allegedly distributing pro-Maoist pamphlets, moved the high court on Friday, seeking bail.
Considering the bail plea, the court sought the views of the government on the matter and posted the case for November 14.
Earlier, a court in Kozhikode had turned down the bail applications of Thwaha Fazal, 24, and Alan Suhaib, 20 after finding that there was prima facie evidence of Maoist links against them.
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.
He contended that his arrest and implication is illegal.
Fazal 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 and Allan, students of journalism and law, respectively, and the CPI(M)’s branch committee members, were arrested on November 2 from Kozhikode, leading to widespread criticism in the Left-ruled state.
The two accused are under judicial custody till November 15.
Fazal’s brother and aunt have 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’.