Aditi Dhopesh –
Published On: November 1, 2021 at 17:45 IST.
The Supreme Court (SC) of India granted Bail to 2 youngsters Allan Shuhaib and Thwaha Fasal, arrested for being accused of having Maoist links. The Verdict was given despite contentions from the National Investigating Agency (NIA)
The Supreme Court Bench comprising of Justice Abhay S. Oka and Justice Ajay Rastogi observed that the commission of offenses punishable under Sections 38 and 39 under the Unlawful (Activities) Prevention Act (UAPA) by Allan and Thwaha does not appear to be Prima facie true.
Allan and Thwaha were accused of handing out Maoist Pamphlets and arrested earlier in November 2021 in Kozhikode by the Pantheerankavu Police. Shortly thereafter, the case then transferred to the NIA. The NIA Charge sheet states that the two of them conspired to conduct unlawful activities and are members of CPI Maoist.
The Court also observed that mere support given to a terrorist organization is not sufficient to attract offenses under Section 38 and 39 of the Unlawful (Activities) Prevention Act, 1967 and mere allegation of Maoist links does not invoke the UAPA.
The Supreme Court has cautioned the Special Court not to be influenced by its judgement in the Bail Application. Despite this, Judicial sources opine that this judgment of the SC will be an influence and the spirit of the Court order will prevail over the decisions of the Trial Court.