KOCHI: The Kerala High Court on Wednesday observed that there was sufficient material to continue the probe against Alan Shuhaib and Thwaha Fazal, the two students who were arrested from Kozhikode, for their alleged Maoist links that came under the Unlawful Activities Prevention Act (UAPA) offences. They were booked for allegedly distributing pro-Maoist pamphlets and suspected Maoist links.
State attorney K V Sohan submitted that it may be difficult for the investigating agency to place all the materials before the court to prove the offences, particularly when the materials recovered from the accused contain electronic gadgets and writings in a code language. The court said that there was merit in the submission and for establishing the aspects, the investigation has to progress.
The court issued the order while dismissing the bail petitions filed by Alan and Thwaha. The bench observed that it was prima facie of the view that there was sufficient material against the petitioners for continuing an investigation for the offences under UAPA and release of them at this stage of investigation may hamper or adversely affect further investigation.
As for the recovery of certain Maoist literature or booklets from the accused, the court said that a person out of curiosity or lust for knowledge may possess such reading materials. But the nature of material revealed from the seizure mahazar and search list would prima facie show that they could not be lightly brushed aside as innocent possessions. According to the police report, recovery of materials revealing very recent activities of Maoist organisation indicates the accused persons’ close link to the outfit.
The court noted the prosecution contention that third accused Usman was at large and evading the process of law. It was not persuaded to ignore the apprehension of the prosecution that if the petitioners were released on bail, they may not only meddle with the investigation but also flee from justice.