Allahabad HC protects septuagenarian lawyer from arrest in anti-CAA protest case

Mohammed Shoaib has been on the state government’s radar since December 2019 and has been engaging all means to keep him behind bars

Allahabad HC

Lawyer and activist, Mohammed Shoaib (72), who is also the President of Rihai Manch, has been granted interim protection by the Allahabad High Court after he was charged under the Gangster Act in Uttar Pradesh for being part of a criminal gang during anti-CAA protests. The Allahabad High court was hearing Shoaib’s petition to quash the case filed under sections 2 and 3 of the UP Gangsters and Anti-social Activities (Prevention) Act. The court has granted protection to Shoaib until the police files the report under section 173 (2) of the CrPC.

Shoaib was earlier arrested on December 19, from his home while he was on house arrest for his alleged involvement in the violence that broke out in Lucknow during the protests. The police claimed in court that Shoaib was present at the protest site when he was arrested. The Sessions court in Lucknow granted him bail in January, after a month of him being arrested.

Meanwhile, Lucknow police has also approached the Sessions court for cancellation of bail of not just Shoaib but also journalist and activist Sadaf Jafar and activist Deepak Kabir. The Indian Express reported that DCP (Central) Somen Barma said the summons was served to the four because they had “committed repeat offences and violated bail conditions and hence, the bail cancellation has been requested”. The court has asked the police to submit documents to back their request for cancelling the bail and the case will be heard on September 5.

Shoaib founded Rihai Manch that is an organization that works for the release of innocents arrested on terrorism charges. When in 2007, blasts took place outside Lucknow High Court, the lawyers and the Bar association had declared that no lawyer will appear for the accused. At such a time, Shoaib took up the case of one Aftab Alam Ansari who turned out to be innocent as he was eventually discharged from the case at the admission of the Investigating Officer in the case. Thus, began Shoaib’s journey as the protector of minorities false accused in terrorist cases, for which he faced a lot of resistance, even mob attacks from the legal fraternity in Lucknow.

Possibly because of the kind of work that Shoaib does, that is helping release terror accused, that he is being constantly targeted by the Uttar Pradesh government and somehow wants to keep him behind bars. So far, the judiciary has been in favour of justice and thus Shoaib has remained out of jail.

 

Related:

A Foot Soldier for the Rule of Law: Advocate Shoaib

Lucknow lawyers turn their backs on arrested protestors, call them “anti-nationals”

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