By Khan Ahmad Darvesh
On Thursday, the Supreme Court issued a notice in a special permit application filed by the National Bureau of Investigation, questioning the Kerala High Court’s ruling, which did not interfere with the lower court’s order to grant students bail over alleged Maoist link.
A court composed of Judges UU Lalit and Judge Ajay Rastogi marked the petition with the petition submitted by the co-defendant Thwaha Fasal (a journalism student from Allan Shuhaib), and the High Court of Kerala revoked the NIA granted bail The same judgment was challenged by the Special Court.
The court published two petitions for the final hearing in the third week of September. Thwaha Fasal’s chief legal counsel, R Basant, appeared in court, and NIA’s additional legal counsel, Ge SV Raju, appeared in court.
After Fasal sought bail from the Supreme Court, NIA filed an SLP against the bail granted to Shuhaib. The Supreme Court has previously stated that it will hear the two petitions together because they come from the same judgment.
The petition was filed in response to the verdict issued by the Kerala High Court on January 4 this year, which overturned the NIA Special Court’s findings that there was no preliminary evidence against the defendant on the record sheet. Although the High Court rejected the bail granted to Faisal and asked him to surrender, it did not change the bail granted to him considering Alan Shuheb’s youth and his mental problems related to depression.
The Special Court observed in an order issued in September last year that the defendant filed an appeal against Section 43D (Section 5 of the Prevention of Illegal Activities Act) against the defendant’s prima facie case.
The Special Court observed that the case materials at best indicated that the defendants had Maoist tendencies, but that they were not addicted to any overt violence or incitement to violence. The High Court pointed out that the court of the first instance conducted a “rule analysis” of the documents recorded in the trial, and pointed out that the documents seized from the defendant were “highly flammable and volatile.”
In April, the Supreme Court filed a petition in Fasal. China issued a notice, verbally stating that “the court of the first instance has also issued an equally good-motivated order.” The Kerala police first registered the case in November 2019 and arrested Allan Shuhaib and Fasal, accusing them of links to Maoist organizations. Later, the National Intelligence Agency took over the case.