Osama Rawal | SabrangIndia https://sabrangindia.in/content-author/osama-rawal/ News Related to Human Rights Tue, 16 Sep 2025 05:09:47 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Osama Rawal | SabrangIndia https://sabrangindia.in/content-author/osama-rawal/ 32 32 Abdul Wahid Shaikh, acquitted in 7/11 Mumbai train blast case, demands ₹9 crore as Compensation for Wrongful Incarceration https://sabrangindia.in/abdul-wahid-shaikh-acquitted-in-7-11-mumbai-train-blast-case-demands-%e2%82%b99-crore-as-compensation-for-wrongful-incarceration/ Mon, 15 Sep 2025 11:56:49 +0000 https://sabrangindia.in/?p=43567 "The stigma of being falsely branded a ‘terrorist’ continues to haunt me even after acquittal"

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Abdul Wahid Shaikh, the sole individual acquitted in the 7/11 Mumbai train blasts case by the trial court in 2015, has petitioned the National Human Rights Commission (NHRC), State Human Rights Commission, and National Commission for Minorities, demanding ₹9 crore as compensation for incarceration for 9 years, ₹1 crore for each year of his wrongfully spent in jail. Shaikh cites financial debts nearing ₹30 lakh, professional setbacks, and enduring stigma as reasons for his plea. He references precedents where the NHRC directed compensation in cases of wrongful detention, including ISRO scientist Nambi Narayanan (₹10 lakh, 2001), Fauji Ansari in Jharkhand (₹2 lakh, 2012), and Mohammad Amir (₹5 lakh, 2014).

In his complaint to the NHRC, Shaikh emphasized the profound impact of his nine-year imprisonment on his personal and professional life. He explained that his delayed compensation claim was intentional, aiming to ensure that all co-accused in the 7/11 case, who were also innocent, receive similar redress. Shaikh’s demand aligns with the Bombay High Court’s recent judgment, which reaffirmed the case’s baselessness and the violation of fundamental human rights over nearly two decades.

“The wrongful imprisonment caused a severe nine-year gap in my professional and personal life. My career, education and personal development were destroyed. The stigma of being falsely branded a ‘terrorist’ continues to haunt me even after acquittal.”he wrote to NHRC

‘It was not a pleasant moment for me to seek compensation when they were still languishing behind bars, and I feared that the State could have been more brutal towards them and taken revenge for my compensation claim. I decided to wait until all my co-accused were acquitted and proven innocent. Now that these acquittals have taken place, it is clear that the entire case was a forgery, and therefore, my demand for compensation becomes even more legitimate and urgent. At this juncture, I believe it is fully justified to seek justice for myself. ‘ he said in a press note

Shaikh reiterated his long-standing position that those wrongfully incarcerated should be granted at least ₹1 crore for each year of imprisonment, though he added that no amount could ever truly compensate for the years lost.

Referring to the recent Bombay High Court judgment, Shaikh said it reaffirmed what he and others have maintained for years — that the case was “entirely bogus” and that their fundamental human rights had been gravely violated for nearly two decades.

Muhammad Aamir Khan, who spent 14 years in prison for being accused of involvement in bomb blasts in the Delhi-NCR region. Before being acquitted of all charges in 2012, told This reporter that he has continued to work on the issue of wrongful incarceration since his release. “We have even met the President regarding compensation. He expressed concern, but nothing concrete has materialized yet. Still, I remain optimistic,” he said.

Highlighting what he sees as a stark injustice,  he pointed out that in India, “militants who surrender their arms are often rehabilitated and compensated. Those who openly admit to killings or bombings are offered state support. But people who are wrongfully accused of terrorism, who lose years of their lives in jail, are almost never compensated.”

In 2014, the NHRC awarded Khan ₹5 lakh in compensation for his wrongful incarceration; he received it in 2018.

India currently lacks a statutory framework mandating compensation for individuals wrongfully accused and incarcerated, including in terrorism-related cases. Over the years, civil society organizations, legal experts, and the Law Commission of India have advocated for such a framework to ensure that victims of wrongful imprisonment receive recognition, financial relief, and a formal acknowledgment of the state’s error. Compensation in these cases serves as both an apology and a step toward accountability, acknowledging the grave injustice suffered by individuals and their families.

The Law Commission of India’s Report No. 277 (2018). highlights the absence of a statutory framework for compensating victims of wrongful prosecution and incarceration. It underscores the severe social, psychological, and economic consequences endured by the wrongfully accused, including loss of liberty, livelihood, and reputation. Drawing on international practices and findings from the Innocent People’s Tribunal, the report recommends a legal mechanism providing both monetary and non-monetary relief, reflecting the duration of detention and personal losses, along with specialized courts to assess compensation claims efficiently.Civil society initiatives have complemented these efforts. Notably, the Innocent Network’s People’s Tribunal systematically examined cases of individuals acquitted in terrorism-related cases and highlighted the urgent need for state recognition and redress.

‘I’m quite hopeful I would be compensated for my lost years , especially after this case has been proven to be bogus by the Bombay High Court’, said Shaikh with a smile.

Osama Rawal holds a Bachelor’s degree in Political Science from Elphinstone College and has been actively involved in people’s movements across Maharashtra. He is a researcher and activist with the Innocence Network—an alliance of activists, lawyers, and civil society groups dedicated to securing justice for individuals wrongfully convicted, especially in terrorism-related cases

Courtesy: CounterCurrents

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Urdu is not the monopoly of mullahs, nor even the Muslim community  https://sabrangindia.in/urdu-is-not-the-monopoly-of-mullahs-nor-even-the-muslim-community/ Mon, 08 Sep 2025 12:46:33 +0000 https://sabrangindia.in/?p=43440 Our self-styled “left liberal” intelligentsia, otherwise loud in denouncing Hindu majoritarianism, suddenly turned mute when confronted with Muslim right-wing pressure

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A Mushaira organized by the West Bengal Urdu Academy in Kolkata was scheduled to host Javed Akhtar, the celebrated Urdu poet, lyricist, and scriptwriter, as chief guest. Days before the event, however, the Academy postponed it, citing “unavoidable circumstances.” In reality, what forced the decision was not unavoidable. It was the politics of what the BJP derides as “Muslim appeasement,” massaging the egos of the clerical class in return for the votes of the Muslim masses. The pressure came from religious groups, notably the Jamiat Ulema-e-Hind and the Wahyahin Foundation, who branded Akhtar a blasphemer guilty of mocking religion.

Since then, a debate has emerged in the public domain. Our self-styled “left liberal” intelligentsia, otherwise loud in denouncing Hindu majoritarianism, suddenly turned mute when confronted with Muslim right-wing pressure. If a program had been canceled under Hindu Right pressure, the outcry would have been deafening. Op-eds, reportage, and fiery essays warning of fascism’s arrival would have saturated every public platform. But when Muslim clerics strong-arm a cultural body into silencing a poet, silence reigns. Many intellectuals believe that calling out Muslim bigotry amounts to Islamophobia and would endanger an already threatened community. This view is simplistic and cowardly. If the true enemy is oppression, it must be opposed wherever it arises, across communities and within them. What the oppressed deserve is critical solidarity, a support that is constructive, accompanied by food for thought.

The Jamiat’s letter to the Academy, dated August 25, begins with praise but quickly hardens. It “forcefully” appeals that Akhtar not be invited, demanding a “man of integrity” take his place, “of any religion, but not a blasphemer of God.” It threatens “democratic means” if ignored, invoking the precedent of Taslima Nasreen who was hounded out of Kolkata. It expresses confidence the Academy will comply, which it did. The letter denounces Akhtar as a “blasphemer,” unfit for a literary stage.

What is striking is not just the intolerance of the demand, but the attempt to normalize religious authority in public life, where writers and poets must either submit to clerical approval or face ostracism. Mufti Shamail Nadvi, a leading voice of the protest, said he was “shocked” Akhtar was invited. But what is shocking about inviting Javed Akhtar to preside over a mushaira? He is first and foremost a poet, heir to four generations of Urdu literary contribution, the author of lyrics that define the golden era of Hindi cinema, and an uncontested literary figure. Nadvi’s “shock” reveals not moral concern but clerical disdain for a man who openly opposes them. Whom did he want instead? Someone with no claim to poetry but unquestioned theological orthodoxy?

Nadvi later claimed he did not demand cancellation, only that “true Muslims” boycott the event. But a boycott called by clerics is never benign. It lays the groundwork for ostracism and, in volatile contexts, mob violence. Imagine if a Hindu leader called for boycotting an event because the guest was Muslim. It would spark outrage. Yet when Muslim clerics do the same, many Muslims and their media representatives applaud it as a victory. This sets a dangerous precedent: must every intellectual first pass a theological litmus test before entering the muslim public sphere( public space where muslims form a sizable chunk ) ?

Nadvi also proposed a debate with Akhtar on the existence of God, accusing him of defaming religion and promoting atheism. But here the clerics stumble on their own contradictions. The Qur’an itself instructs believers not to insult others’ gods precisely because early Muslims did so and provoked offense. Offense is woven into Islam’s very beginnings. Why then is offense suddenly intolerable when directed at Islam? Will Muslims extend the same courtesy of not offending others’ beliefs? Within Islam itself, sects routinely accuse one another of blasphemy. In Pakistan, Nadvi’s counterparts have hurled the same charge at Engineer Mirza, a fellow Muslim preacher. Even Mufti Tariq Masood, from Nadvi’s own sect, has faced accusations of blasphemy. To brand someone a blasphemer is a political weapon, a tool to reclaim fading authority rather than a defense of truth.

If religion trembles before a single poet, then it is the clerics who insult the faith, not Akhtar. Nadvi insists Akhtar is famous for mocking Islam, when in fact his reputation rests on films, lyrics, and poetry. His atheistic remarks, when they appear, are marginal and occasional. Reducing his legacy to blasphemy is either ignorance or deliberate misrepresentation to score points. Worse, Nadvi’s rhetoric paints a target on Akhtar’s back. By invoking the precedent of Taslima Nasreen and repeating that Akhtar’s presence is an insult, he encourages hostility in an environment where blasphemy accusations can easily invite death  . Calling for a “debate” in such circumstances is a provocation for hardliners to do the job.

Akhtar was invited to preside over a mushaira, not to preach atheism. To object to his private unbelief is irrelevant. Does Nadvi mean to say a godless person has nothing valuable to contribute to literature, culture, or cinema? By that logic Muslims should shun modern intellectual life, where atheism and agnosticism are common, and confine themselves to insular ghettos of their own making. Such isolationism is disastrous. It strangles Muslims’ cultural life and reduces them to a community fearful of thought itself.

For so many years, he has attended thousands of mushairas and public programmes and no Muslim was ever offended by his supposed blasphemy. But suddenly when Nadwi comes out and declares that we should be offended and are offended everyone seems to fall in line. This politics of being offended must stop somewhere.

Meanwhile, Nadvi’s own 26-minute press conference did not cite a single Qur’anic verse or Hadith. It was a pure rant, a bid for relevance. His YouTube channel, once stagnant with 26,000 subscribers, surged to 32,000 after this controversy, with his video on Akhtar becoming the most viewed. The episode is less about defending faith and more about clerics chasing attention.

The Prophet of Islam urged believers to “seek knowledge even if it takes you to China,” meaning even from non-believers. Clerics like Nadvi are unable to come out of their archaic mindset of being offended. They demand isolation, echoing the Hindu Right’s charge that Muslims cannot coexist with others.

The cancellation of Javed Akhtar’s invitation may seem small, but it reflects a deeper malaise: the religionization of Muslim identity, where culture, literature, and art must bow to clerical approval. If unchecked, this mindset will strangle public life, silence intellectuals, and confine Muslims to an ever-shrinking ghetto of thought. The tragedy is not Akhtar’s disinvitation but that in 2025, clerics still dictate what ordinary Muslims are allowed to do, and ordinary Muslims can still be mobilized at the clerics’ whim.

(Osama Rawal is a political science graduate from Elphinstone College, Mumbai. He writes on identity, justice, and global affairs. Passionate about reading, travel, and critical thought. He tweets under @OsamaARRawal)

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