Kerala HC rejects 2 CPI(M) student activists' bail plea

The Kerala High Court on Wednesday dismissed the bail plea of two student activists of ruling CPI(M), who were arrested under the Unlawful Activities Prevention Act (UAPA) for allegedly distributing pro-Maoist pamphlets.

The court admitted the evidence submitted by the police to prove that the arrested students' had Maoist links and denied them bail. A division bench of Justices A Hariprasad and N Anilkumar dismissed the bail applications of Thwaha Fazal, 24, and Alan Suhaib, 20. Earlier, a court in Kozhikode had turned down their bail applications after finding that there was prima facie evidence of Maoist links, against them.

In his bail plea, Fazal had 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 had contended that his arrest and implication was "illegal." Citing various judgements, he had submitted that shouting of slogans "Inquilab Zindabad and Maoism Zindabad" will not attract any criminal offence.

Fazal and Alan, 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.