Finding that there existed “rational and reasonable doubts in the question of prima facie charges against the accused,” a NIA special court granted Alan Shuhaib and Thaha Fazal bail in the Pantheerankavu Maoist case on Wednesday. They have been in jail since November 1.
Allowing the bail, NIA special judge Anil K. Bhaskar noted that it could be “never said that the movement and the activities of the accused were wholly controlled by the banned organisation”.
Charge dropped
Prima facie there existed many missing links in establishing that the accused were the cadres of the CPI(Maoist) and their movements and activities were controlled by the organisation as contended by the National Investigation Agency. Though the accused were initially booked for being members of the terrorist organisation, the charge was dropped from the chargesheet after the completion of the investigation.
Right now, even the prosecution does not have a case that the accused are members of the banned organisation, the court noted. The slapping of the Unlawful Activities (Prevention) Act against the accused by the LDF government had triggered a political debate, with CPI(M) leaders, including M. A. Baby, condemning it.
Noting that there was not even a single allegation of violent overact against the accused, the court said that it only “indicated a leaning on the side of the accused towards this banned organisation”. ‘No violent acts’
Regarding the allegations that Fazal was in possession of the constitution of the banned organisation, its flag, and a magazine published by it, the judge noted that since no specific violent overact had been attributed against the accused, it was not possible to prove any nexus between the accused and the terrorist activities. None of the witnesses had given any specific statement to the effect that the accused were the members of the organisation and they had in any way aided or abetted the terrorist activities.