KOCHI: After spending 10 months in jail, Alan Shuhaib and Thwaha Fazal who were arrested from Kozhikode in November last year for alleged Maoist links were granted bail by the National Investigation Agency (NIA) court on Wednesday.
NIA judge Anil K Bhaskar said the bail was granted to the youths as an opportunity for reformation and considering their young age. Alan was 19 while Thwaha was 23 when the Pantheerankavu police in Kozhikode arrested them for their alleged links with CPI (Maoist). The duo had been charged under the Unlawful Activities (Prevention) Act (UAPA). NIA had taken over the probe later.
The court said the duo was proactive in contentious social and political issues and such people are prone to extremist ideologies which may be the reason behind coming in contact with the banned organisation.
“The petitioners (Alan and Thwaha) have no criminal antecedents. Available records reveal they are young men with the possibility of reforming. Hence, the court has to be lenient with them to some extent on granting bail, but with a clear message that the chance given for reformation shall not be mistaken as an opportunity to strengthen their bond with banned terrorist organisations and be a part of it,” the court said.
One of the major charges against the duo was that they had in their possession writings and files with code languages that allegedly supported forces in Jammu and Kashmir who are attempting to destabilise India. The court, however, observed that the banners were prepared in the aftermath of the abrogation of Article 370 and 35 (A) of the Constitution. "Any evaluation diverted from the context will lead to bad conclusion," the court said.
The court also had advice for the duo's parents. “Let us hope the petitioners' parents will play a constructive role in the betterment of their mental and psychological qualities,” said the order.
Though the NIA claimed that the accused could influence the witness and abscond, the court decided to place strict conditions on their bail to avert such attempts. The court said the trial of the case is likely to be delayed as forensic reports are still awaited, even though the NIA counsel claimed measures will be taken to start the trial at the earliest.
Though they have received bail, the youths are likely to be released only on Friday. Their parents could not reach the court before 5pm and Thursday is a holiday for the court.
Alan and Thwaha were arrested by police patrolling team on November 1, 2019, claiming that they held a clandestine meeting as part of CPI (Maoist). Third accused C P Usman of Malappuram is still at large. It was in December that the NIA took over the probe. It filed a charge sheet against the duo in April. Alan is a law student while Thwaha is a student of journalism.
The court set 12 conditions for their release. They should each execute a bond of Rs 1 lakh with two solvent sureties for the like amount. The sureties should be their parents and close relatives. They should not contact, directly and indirectly, anyone related to the case. Alan should report at the Panniyamkara police station and Thwaha at Pantheerankavu police station on the first Saturday of every month between 10 am and 11 am. They should surrender their passports and also appear before the NIA in case of any investigation.
They should not leave Kerala and indulge in any criminal activity. The Panniyamkara and Pantheerankavu SHOs were directed to monitor them and the court should be informed of any criminal activity undertaken by the duo. The prosecution can seek the cancellation of their bail if these conditions are violated, the court said.