The Allahabad High Court (HC) heard the habeas corpus petition regarding the illegal detention of 76-year-old Mohammed Shoaib, social activist and President of the Rihai Manch who had been arrested by the Uttar Pradesh police on December 19, 2019 at 11:45 P.M. after being put under several hours of house arrest in the wake of the anti-Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) protests in the state.
The Allahabad HC asked the prosecutor to furnish evidence in the matter for which the first hearing had been set for December 21, 2019 where the public prosecutor and the petitioner were instructed to file a counter affidavit and rejoinder respectively.
On the next date of hearing, January 2, 2020, the public prosecutor insisted that Mohammed Shoaib was picked up from Clarks Awadh Tiraha on December 20, 2019 at 8:45 P.M. As part of the rejoinder, the petitioner has placed supporting material to show that he was in fact picked up from his house on 19.12.2019 at 11.45pm after being put under several hours of house arrest. The petitioner had submitted photographs, call records and other documents to support his claim.
The State sought time to seek further instructions in light of the supporting material so placed on record through the rejoinder. The matter has now been fixed for a hearing on January 3, 2020.
This is not the first time Mohammed Shoaib, who has been striving to protect socialist ideals right from his student years, has been arrested. He has, before too, been implicated in many fake cases for favouring the oppressed and marginalized, but never compromised on his ideals. He was arrested even during the Emergency in 1975 and jailed for two months in Gonda under the DIR.
Even after he started practicing law in Lucknow, he remembered to sync his ethics to his work. He not only helped the oppressed fight cases free of cost, but also helped them financially. He never turned away anyone in need. He also fought for the youth who were being arrested for being alleged terrorists after the Bar Association issued cases against them. He was also attacked upon by lawyers in Lucknow, but never gave up and ensured the release of 14 innocents.
The Rihai Manch has issued a statement saying that veteran lawyer Mohammed Shoaib has always upheld the values of the law and shown unrelenting faith in the judiciary. He has faced violent attacks but has never acted with the intention of revenge against anyone. It said that it is utterly unfortunate for the country and the society that the Uttar Pradesh government in its farce of protecting democracy, has instead overstepped the Constitution and accused a protector of democracy for resorting to violence and illegally detained him.
According to a statement given to Scroll.in, Mohammed Shoaib had said that the UP government had issued two notices to him – one under 149 of CrPc to not participate in any kind of protest and the second under 116/107 of Crpc for executing a bond for keeping peace. The Uttar Pradesh government had issued notices to more than 3,000 people across the state, cautioning them to stay away from the anti-CAA protests. Just yesterday, around 56 jailed activists were released in Varanasi after the relentless efforts of lawyers and social activists.
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