‘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

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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.

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News Network
November 27,2024

Mangaluru: A five-year-long pursuit of justice continues for several youths from Dakshina Kannada who fell victim to a fraudulent food delivery job scam in Kuwait. The victims, lured by promises of lucrative overseas employment, now find themselves entangled in legal battles and financial ruin.

In a recent development, the Enforcement Directorate (ED) summoned the victims to its Mangaluru office as part of the ongoing investigation. The case, which dates back to May 28, 2019, was initially registered at the Mangaluru North police station based on a complaint filed by Usman, a resident of Jalligudde. His brother, Aboobakkar Siddique, was among the 34 victims duped by Manikya Associates, a recruitment agency operated by Prasad Shetty.

According to the complaint, the victims were promised jobs as food delivery executives in Kuwait with a salary of ₹40,000 per month. “I paid ₹80,000 to the agent and ended up spending seven harrowing months in Kuwait without any salary,” shared a victim who now works in construction. Another victim, now employed as a driver, said, “I dreamt of working abroad to support my family. I even pledged jewelry to pay the fees, but it took me years to recover financially.”

The victims allege that they were left stranded in Kuwait in January 2019 after completing all formalities. With no jobs and mounting expenses, their ordeal lasted seven months. They were eventually repatriated with the help of Indian expats and the Embassy of India in Kuwait, just two months after the complaint was filed.

The ED investigation is reportedly progressing, and victims said they were assured that their payments to the agent would be refunded soon. An ED official confirmed that efforts to ensure justice are ongoing.

For these youths, the pain of shattered dreams and financial losses has lingered for years, with many still struggling to rebuild their lives. As they await justice, their plight serves as a cautionary tale about the perils of fraudulent recruitment schemes.

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News Network
November 15,2024

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Iran’s Islamic Revolution Guards Corps (IRGC) has killed or captured 69 terrorists linked to the Israeli spy agency Mossad during a major counterterrorism drill in the country's southeast, its spokesman says.  

General Ahmad Shafaei, the spokesman for the “Martyrs of Security” drill, said Friday that a total of 23 terrorists have been killed and another 46 arrested in various clean-up operations ever since the IRGC Ground Force launched it in the Sistan and Baluchestan province on November 1.

Seven terrorists have also turned themselves in during the period.

“The undeniable fact about terrorists is that they rely on arrogant powers, particularly the intelligence service of the wicked and vicious Zionist regime," Shafaei said.

“Unfortunately, weapons and munitions at terrorists’ disposal are among the most sophisticated ones in the world. This accounts for their heavy dependence.” 

The official stated that several members of the disbanded terror teams were non-Iranian nationals, who had been hired by foreign intelligence agencies to carry out acts of sabotage and terror inside Iran.

In a most recent operation, six terrorists were arrested and four others were eliminated, three of whom were non-Iranians, he added. 

On October 26, ten members of Iran's law enforcement forces were killed in a terrorist attack in the Gohar Kuh district of Taftan in the Sistan and Baluchestan province.

The so-called Jaish al-Adl terrorist group claimed responsibility for the assault, which was one of the deadliest in the province in recent months.

The group has carried out numerous terrorist attacks in Iran, primarily in Sistan and Baluchestan.

Its tactics include the abduction of border guards as well as targeting civilians and police stations within the province to incite chaos and disorder.

In January, Iran launched a military operation during which the headquarters of the Pakistan-based terrorist group was targeted in missile strikes, destroying its infrastructure.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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