SC verdict in ‘Maoist’ case many impact trial in NIA court
The Hindu
Apex court released on bail two youths arrested under UAPA
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.