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"No Material to Link Him to Al-Qaeda": Jharkhand High Court Grants Bail to Maulana, Who Was In Prison For More Than One Year Under UAPA Charges

By Atharwa Gauraha      Nov 18, 2020      0 Comments

On Tuesday (03 November) the Jharkhand High Court granted bail to a Maulana KalimuddinMuzahiri, who had been registered under the strict anti-terror UAP Act, for his alleged involvement in Al-Qaeda activities. 

In its order, the Bench of Justice Kailash Prasad Deo observed, "No material has been collected with regard to the involvement of the petitioner in any activities of Al-Qaeda outfit nor the Investigating Officer has collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities."

Strangely, when granting him bail, the Court said In view of the fact that the petitioner is a Maulana without a criminal record, the Court is inclined to expand the petitioner on bail."

As Per the allegations against the petitioner, the co-accused Ahmed Masood Akram Sk and Abdul Rahman @ Katki met at the petitioner's house in SakchiMadarsa, and subsequently, the petitioner received some money from Gujarat for committing anti-national work as a Jihadi. The petitioner's counsel argued that the petitioner was a Maulana and no material was collected during the investigation so as to prove guilt against the petitioner with regard to his involvement in anti-national activities.

The Lawyer also argued that the case of the plaintiff was totally different from that of the other co-accused. It was alleged that he had been convicted on the ground, that a meeting had been held in his home, and also on the ground that the petitioner had obtained the money from Gujarat. It was argued, however, that no inquiry had been undertaken into the money sent to the petitioner for committing anti-national work.

It was also reported that he had traveled to Saudi Arabia three times after receiving permission from the Government for the success of the Hajj and that the government had also obtained subsidies. It was argued that no material had been reported that the petitioner had ever encountered any terrorist outfit in Saudi Arabia. Finally, it was reported that the petitioner was arrested on 22.09.2019 and as such can be extended on bail as the petitioner has no criminal record.

On the other hand, the Counsel for the State opposed the prayer for bail and submitted that the petitioner confessed his guilt that co-accused used to visit his house, where they used to meet and discuss the issues for expanding the network of Al-Qaeda.

In its order, the Court acknowledged that the case had not been prosecuted by the National Investigation Agency (NIA) but had been investigated by the local police.

Further, the Court said, "Investigating Officer has not collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities."

 It also said, "Considering the fact that the petitioner is a Maulana having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each in connection Bistupur P.S. Case No. 21/2016 corresponding to G.R. No. 246/2016 to the satisfaction of learned Chief Judicial Magistrate."

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