A Division Bench of the Kerala High Court comprising Justice A. Hariprasad and Justice M.R. Anitha on Monday recused itself from hearing an appeal filed by National Investigation Agency (NIA) against the bail granted by the NIA Special Court to Alan Shuhaib and Thaha Fazal, accused in the Pantheerankavu Maoist case.
When it came up for hearing, Justice Anitha said she was recusing herself from hearing the appeal. The appeal will come up before a new Bench on Wednesday.
In its appeal, the NIA pointed out that the material collected from the accused had revealed that they were not silent ideologists, but part of a team proposing to resort to violent and anti-national activities.
The seized documents had revealed their active involvement in terrorist activities.
‘UAPA undermined’
The trial court had also overlooked the fact that granting of bail would undermine the very objective of the Unlawful Activities (Prevention) Act (UAPA). The bail granted to the accused was totally improper and perverse and required a more objective appreciation of facts and application of law, the NIA added.
The appeal further said that a large number of materials recovered from them had reflected the ideology of the CPI (Maoist).
It was clear that the accused had been associated with the organisation, the NIA said.
