The Supreme Court (SC) verdict in the Pantheerankavu Maoist case, releasing two youths on bail after rejecting the contentions of the National Investigation Agency (NIA), may leave an impression on the trial of the case, legal experts say. The apex court had last week allowed the bail plea of Allan Shuhaib and Thwaha Fasal, arrested for alleged Maoist links.
The SC observed that there “was no prima facie material to show intention on the part of both the accused to further the activities of the terrorist organisation.” Sections 38 and 39 of the Act (offences relating to membership and support given to a terrorist organisation), did not appear to be prima facie true in the case, the court said.
Though the Supreme Court had cautioned the Special Court not to be influenced by its judgement in the bail application, judicial sources felt that the spirit of the apex court order was likely to prevail over the trial procedures. Incidentally, the Special Court had also noted that there was no prima facie material to show intention of the accused to further the activities of a terrorist organisation, an essential ingredient to invoke the Sections 38 and 39 of the Act.
However, if the trial court, after examining the materials before it, arrives at the conclusion that the offence has been prima facie revealed, the duo will be tried.
Political debate
The SC verdict has also triggered a political debate in the State as Chief Minister Pinarayi Vijayan had earlier defended the slapping of the Unlawful Activities (Prevention) Act (UAPA) against the youths. As criticism from within the Communist Party of India (Marxist) [CPI(M)], LDF partners, and the Opposition became louder, Mr. Vijayan wrote to Union Home Minister Amit Shah to transfer the investigation back to the State police.
Leader of the Opposition V.D. Satheesan has slammed the government stand in the wake of the SC order.
M.A. Baby, the CPI(M) Polit Bureau member, who was vocal against the invoking of the Act in the case, felt that the apex court eventually delivered justice to the duo. The Centre took over the investigation in the case at a time when the LDF government was all set to review the invoking of UAPA in the case. Had the review happened, the two youths would have been released earlier, he said.
