‘No material to link with Al-Qaeda’: HC grants bail to Maulana who was in jail for over a year under UAPA

News Network
November 17, 2020

hc.jpg

The Jharkhand High Court has granted bail to a Maulana as he was charged under various sections of the Unlawful Activities (Prevention) Act [UAPA]. The police made out a case that the co-accused met at the house of the Maulana, the petitioner and he received money from Gujarat for committing anti-national work, being a “jihadi”. And thus, arrested him on September 9, 2019 and he has since been in custody.

Maulana Kalimuddin Muzahiri was arrested and charged under sections 121 [Waging, or attempting to wage war against the state], 121(A) [Conspiracy to commit offences punishable by section 121], 124(A) [sedition], 120-B [criminal conspiracy], 34 [Acts done by several persons in furtherance of common intention] of the Indian penal Code (IPC) read with Sections 25(1-B)a [in possession of firearms], 26 [secret contraventions], 35 [Criminal responsibility of persons in occupation of premises in certain cases] of Arms Act, Sections 16 [terrorist act], 17 [Punishment for raising funds for terrorist act], 18 [Punishment for conspiracy], 18-B [Punishment for recruiting of any person or persons for terrorist act], 19 [Punishment for harbouring], 20 [Punishment for being member of terrorist gang or organisation], 21 [Punishment for holding proceeds of terrorism], 23 [enhanced penalties] of U.P.A. Act and Section 17 of C.L.A. Act.

The counsel for the petitioner argued that during the investigation police did not follow through the investigation about the money sent to the petitioner or about any anti-national work being carried out by the petitioner.

The single judge bench of Justice Kailash Prasad Deo accepted the counsel’s contention and agreed that no material has been collected with regard to involvement of the petitioner in any activities of Al-Qaeda outfit, nor Investigating Officer has collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities.

The Unlawful Activities (Prevention) Act (UAPA) is a national security legislation that gives unbridled powers to the government authorities to detain an individual based on vague and arbitrary grounds such as “in the interest of national security”. After invoking multiple stringent charges against the Maulana, the police were ultimately unable to submit any proof to establish the severe and grave allegations made against the petitioner who had to stay on in prison for about 14 months due to some misguided investigation or merely prejudiced biases of the investigating personnel. One cannot even fathom how many such weak cases of UAPA are waiting to be unravelled before some court of law where the court finds that there was, in fact, no case made out against the accused during the investigation. While the law enforcement agencies wash their hands of such cases after the bail is made, the personal and social life of the accused person effectively stands to be ruined. The law enforcement agencies are not required to establish a substantial case against anybody before deeming them to be involved in terrorist activity which effectively has made the law to be a tool of intimidation against the weaker sections of the society.

The Sessions court in Delhi has had a pattern of denying bails to persons allegedly involved in the north-east Delhi riots of February 2020 basis the accused persons’ act of blocking the road. Individuals like Safoora Zargar, Devangana Kalita, Asif lqbal Tanha were denied bail by the same court in Delhi pertaining to the Delhi riots case for the exact same reason. In an analysis piece done by SabrangIndia it was found that bails under UAPA were granted on basis of logic and of a reasoned and sound order, with basis on rule of law and precedents set out by the Supreme Court. So, most commonly, an order granting bail under UAPA is found to be more reasoned and based on rule of law than orders of denial of bail which seem mechanical in approach and rely solely on prosecution’s version and witness statements in the case.

During the monsoon session of the Parliament, the Ministry of Home Affairs (MHA) was forced to reveal data related to UAPA cases as questions were put forth during the session. The MHA presented data from National Crime Records Bureau (NCRB) 2018 report “Crimes in India”. As per NCRB’s 2018 report, between 2016-18 a total of 3,974 persons were arrested under UAPA and 3,005 cases were registered. Out of these, only 821 chargesheets were filed in three years, i.e. 2016-18.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 27,2024

vokkaliga.jpg
Chandrashekaranatha Swami (left) with chief minister

Bengaluru: Amidst the ongoing Waqf controversy in the state, a Vokkaliga seer has sparked controversy by suggesting the disenfranchisement of Muslims, claiming it would end vote bank politics in India.

The provocative remarks were made by Kumara Chandrashekaranatha Swami during a protest organized by the Bharatiya Kisan Sangh, a farmers’ organization with links to the RSS. The protest focused on farmers' lands being marked as Waqf properties.

"Politicians are exploiting this issue for votes. Muslims should be deprived of voting rights. This step is necessary to eliminate vote bank politics and allow India to prosper," the seer stated. He is the head of the Vishwa Vokkaliga Mahasamsthana Mutt, which was founded with support from JD(S) leader and former Prime Minister HD Deve Gowda.

The seer also made misleading claims about Pakistan, stating, “In Pakistan, minorities don’t have the right to vote. If we implement the same in India, Muslims would be isolated, and peace would prevail.” However, minorities in Pakistan have voting rights. 

Chandrashekaranatha Swami continued his criticism of the Waqf Board, accusing it of unlawfully seizing properties. “It is unjust to take someone’s property. We must ensure that the Waqf Board is abolished,” he said. He further emphasized the need for farmers' land to remain protected, even at the cost of political fallout.

Minister Condemns Remarks

Minister for Social Welfare, H.C. Mahadevappa, swiftly condemned the seer’s comments, stating, “After years of struggle, Baba Saheb Dr. B.R. Ambedkar established the principle of ‘one vote, one value.’ It is crucial for Dalits, backward communities, and minorities to understand its significance.”

He continued, "Those who spread hatred for political gain under the guise of religion must end their harmful rhetoric."

Earlier, Kumara Chandrashekaranatha Swami had stirred controversy by suggesting that Chief Minister Siddaramaiah step down to allow Deputy Chief Minister D.K. Shivakumar to assume the role of Chief Minister for the remainder of the term. The statement created a fresh political debate, raising questions about the power dynamics in Karnataka's ruling party.

The seer remarked, “Everyone has had the opportunity to hold the Chief Minister’s position, except D.K. Shivakumar. I request our experienced Chief Minister Siddaramaiah to vacate the post and bless Shivakumar with the opportunity.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 14,2024

srirang.jpg

Bengaluru: The Prime Minister Narendra Modi led union government has requested the Karnataka High Court to direct the Mandya district administration and the state government to clear a madrasa operating within the premises of the historic Jama Masjid in Srirangapatna.

The Waqf Board, opposing this move, has claimed the mosque as its property and defended the right to conduct madrasa activities there.

The matter was brought before a division bench headed by Chief Justice N V Anjaria following a public interest litigation filed by a person named Abhishek Gowda from Kabbalu village in Kanakapura taluk. The petition alleged “unauthorised madrasa activities” within the mosque.

Representing the Central government, Additional Solicitor General of India for High Court of Karnataka, K Arvind Kamath argued that the Jama Masjid was designated as a protected monument in 1951, yet unauthorised madrasa operations continue there.

He noted that concerns over potential law and order issues have so far prevented any intervention. Kamath urged the court to direct the Mandya district administration to take action and vacate the madrasa from the mosque.

In defence, lawyers for the state government and the Waqf Board contested this request, stating that the Waqf Board had been recognised as the owner of the property since 1963 and, thus, conducting madrasa activities there is lawful.

After hearing both sides, the bench adjourned the case for further arguments, scheduling the next hearing for November 20.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 17,2024

hizbullah.jpg

An Israeli airstrike on the office of Syria’s Baath party in Lebanon’s capital Beirut has killed the Lebanese resistance movement Hezbollah's Media Relations Officer, Mohammad Afif, reports say.

Lebanon's National News Agency (NNA) reported that the Israeli raid struck the Ba'ath party’s building in central Beirut district of Ras Al-Naba'a on Sunday, adding that the strike was an attempt to assassinate the leader of the resistance media front.

According to Baath Secretary-General Ali Hijazi, Afif was having a meeting in the Baath Party headquarters when Israel carried out the attack.

"Afif did not fight with weapons and did not lead a military unit in Hezbollah. Rather, he led a media unit," he said.

Reuters, Sky News, Al Jazeera and a number of Henrew-language media reported that Afif was killed in the Israeli strike.

However, Hezbollah has not yet confirmed Afif’s death or whether he was present at the site or not.

Earlier, the Lebanese Health Ministry said at least one person was killed and three others injured after an Israeli strike targeted a central district in Beirut.

Lebanon's al-Mayadeen television network reported that five people were killed in the attack.

The latest development came after Afif said Hezbollah was behind the Caesarea operation and targeting Netanyahu’s home during a speech at the Ghobeiry area in the southern suburbs of Beirut on October 22.

This was the second assassination attempt on Afif in the last two months, after he survived an attack on the Hezbollah media relations office several weeks ago.

Israel launched a ground assault and massive air campaign against Lebanon in late September after a year of exchanging fire across the Lebanese border in parallel with the Gaza war.

At least 3,287 people have been killed in Israeli strikes in Lebanon over the past year, with the vast majority in the past seven weeks. Another 14,222 have been wounded, mostly women and children.

In response to the ongoing aggression, the Lebanese resistance movement Hezbollah has been staging hundreds of retaliatory strikes against the occupied Palestinian territories and the Israeli forces trying to advance on southern Lebanese areas.

The movement has vowed to sustain its strikes until the regime ends the escalation.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.