The Kerala High Court has sought the views of the State government in the bail plea of Thaha Fazal and Alan Suhaib, the two students who were recently slapped with Unlawful Activities (Prevention) Act (UAPA).
The duo have approached the High Court after the Sessions Court, Kozhikode, rejected their bail petitions. The High court will consider their bail pleas on November 14. It was on November 1 that the police arrested the two from Pantheerankavu, near Kozhikode.
The counsel for Thaha contended that there was no prima facie finding against him. The denial of bail by involving Section 38 of the Act, which pertained to the membership in a terrorist organisation, and that too without a finding for taking part in the activities was unjust and unsustainable.
Even though the “fictitious seizure of reading materials allegedly from his possession” at the time of the arrest and the concocted seizure of certain materials from his house cannot prove his activity in the proscribed terrorist organisation, it was submitted.
In his bail plea, Suhaib submitted that baring the seizure of a mobile phone, the police could not collect any incriminating materials against him from his house. The Section 20 of the Act could not be made applicable to the appellant as the prosecution could not produce any material to establish that he was a member of a terrorist gang or an organisation, it was submitted.
