By Mumtaz Alam Rizvi
Pubnished in Inquilab on 4 July 2013
New Delhi: Following a consultations with legal experts Jamiatul Ulama-e-Hind’s President Syed Arshad Madani, who has been spearheading legal battle for innocent Muslim youths accused of terrorism, has said that cases of terrorism against Muslim youths in UP are illegal because constitutional requirement has not been complied with and no permission has been sought from the Centre to conduct these cases. He said, ‘This is the basis on which we will file a petition in the High Court before 10 July 2013.’
According to Jamiat’s sources the petition will be filed on 7 July 2013. This should be remembered that the Jamiat has been fighting the 40 cases for the release of 300 youths all over the country including Uttar Pradesh. The Jamiat had submitted a list of 14 youths to UP Government and had demanded that in accordance to constitutional requirements cases against these youths be withdrawn. Before Assembly elections Samajwadi Party had promised that after coming to power it would withdraw cases against innocent Muslim youths and in accordance to its pledge UP Government did initiate proceedings in this regard. However, to date not a single terror case has been withdrawn.
Some lawyers have filed a petition in the Allahabad High Court that the withdrawal of cases by UP Government violated the constitution and UP Government’s decision was stayed. Talking to Inquilab Bureau Jamiat’s President Arshad Madani said that in a meeting held on 2nd July in Deoband Jamiat’s Executive Committee had passed some resolutions most important of which was regarding the release of innocent youths arrested in terror cases. He said the Jamiat would challenge the petition filed against UP Government’s decision. He said that important point in the petition is that it is the Centeral Government that gives permission for a terror case to be filed and once the decision has been taken the Government does not have the right to withdraw it.
Maulana Arshad Madani said that in not even a single case has Center’s permission been sought and absence of such consent makes these cases illegal. He said, ‘On the basis of this fact we have decided to challenge the already filed petition and tell the court that because these cases are illegal, justice be done with the youths implicated in these cases.’
Maulana Madani further said, ‘We had given these details to UP Government as early as November 2012 after which these proceedings were initiated. A team of eminent lawyers is preparing the petition and known criminal lawyer Neeta Rama Krishna will represent the case. We are confident that the decision will be in our favour and UP Government will take measures to release the youths.
‘After the judgement we will be able to tell the government that since there is no hindrance from the court therefore these cases must now be withdrawn.’ Maulana said, ‘In case we fail at the High Court, we will then move to Supreme Court and, God willing, we will win there.’
Maulana said that Jamiat’s Executive Committee had demanded the government to release the innocent youths, reasonable compensated should be paid to them, severe punishments be awarded to guilty officers, action be taken on Muslim reservation and anti-riot bill be tabled in the parliament.