New Delhi: The Supreme Court bench of justices Ajay Rastogi and AS Oka on Thursday granted bail to one of the two students arrested by the National Investigation Agency in November 2019 under the Unlawful Activities Prevention Act (UAPA) for their alleged Maoist links. The bench set aside the Kerala High Court order which had cancelled Twaha Fasal's bail.
The apex court also dismissed the appeal filed by the Centre challenging the Kerala High Court judgment affirming the trial court's order granting bail to law student Allan Shuaib. The division bench of the high court had refused to cancel the bail of Shuaib, the second accused, considering his young age and health. The top court had reserved judgment on September 23.
The two students had been arrested by the National Investigation Agency in November 2019 under the Unlawful Activities Prevention Act (UAPA) for their alleged Maoist links
The case so far
Twaha Fasal and Allan Shuaib were arrested by Kerala police under the Unlawful Activities Prevention Act alleging that they were supporting proscribed Maoist group which was declared as a terrorist organization.
Fasal and Shuaib, who are students of Journalism and Law respectively and CPI(M)'s branch committee members, were arrested on November 2, 2019 from Kozhikode, causing widespread criticism in the Left-ruled state.
The police had allegedly seized objectionable printed and written materials from them which include violent exhortations for civil war, in tune with Maoist ideology.
The CPI(M) in Kerala had expelled them from the party following their alleged link with Maoists. The arrest had led to major war of words with the CPM leadership disowning the duo even after their relatives and close friends claimed they were CPM members. Chief Minister Pinarayi Vijayan also said that both of them were Maoist activists.
The National Investigation Agency took over the case and cited books, pamphlets, placards, and diary notes seized from the accused to confirm that they were Maoist supporters.