Ismail Humza crutches on SC order granting bail to Murlidharan

Ismail Humza, a co-accused in a 2015 case under the dreaded Unlawful Activities Prevention Act along with Konnath Muralidharan, 66, an alleged sympathiser of Communist Party of India (Maoist), has sought bail based on a recent Supreme Court (SC) order that granted bail to Muralidharan.

The two were arrested by the Maharashtra anti-terrorism squad in March 2015 for being in possession of fake credentials like Aadhaar card, literature related to the Communist Party of India (Maoist), including books and pamphlets in English as well as another languages, from a South Indian state.

“Considering the fact that there are no criminal antecedents and the applicant has been behind the bars for at least three-and-a-half-years, a case for grant of bail is made out,” read the Bombay High Court order issued by justice Nitin Sambre on February 25 and was made available on April 5.

This order was challenged in the Supreme Court, which ruled in a one-page short order, “no case is made out to interfere with the impugned order passed by the High Court.” The SC order was issued on May 22.

The Pune court of additional sessions judge Ravindra Pande is responsible for execution of the release of Muralidharan who is lodged in the Yerawada jail. The judge has called the person, who will take the onus of surety of Murlidharan, to court.

While announcing the date of his presence in court, the judge also heard the bail argument for Humza. The public prosecutor representing the anti-terrorism squad in the case was advocate Vikram Shah.

The defence lawyer submitted a judgement passed by former Supreme Court justice Markandey Katju that waters down the UAPA section that invites punishment for being a part of a banned organisation.

“Just because he is a member does not mean he is an active participant of violence,” said advocate Rahul Deshmukh.He also added that Humza only had one pamphlet with Communist Party of India (Maoist) written on it. On the other hand, the SC has already granted bail to Muralidharan who had fake IDs, books and pamphlets with him.

First Published:
Jun 11, 2019 16:51 IST

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