Javed Mohammed | SabrangIndia

Allahabad HC grants bail to Javed Mohammad, alleged “Mastermind” of Prayagraj violence

Tue, 31 Jan 2023 10:55:37 +0000

The Allahabad High Court has granted bail to Javed Pump, accused of being the “mastermind” behind the violence reported in Prayagraj and Saharanpur after the Friday prayers as people were protesting against remarks made by Nupur Sharma berating Prophet Mohammad. Justice Sameer Jain observed that since Javed does not appear to be instrumental for the violence, he can be granted bail.

On June 10, 2022 incidents of violence and slogan-shouting were reported in Prayagraj and Saharanpur after the Friday prayers as people were protesting against remarks made by Nupur Sharma berating Prophet Mohammad. On June 13, Prayagraj Development Authority demolished Javed Mohammad’s (Alias Javed Pump) house, who was deemed to be the “mastermind” behind the said violence. Javed has been booked under the National Security Act as well and hence, he will not be released from prison just yet; despite his bail.

As per the FIR, 14 persons were identified as accused and it was alleged that they pelted stones on the vehicles of police party and set the vehicles on fire and also damaged the public property after Friday prayer. It was further alleged that some police personnel were also injured and law and order was disturbed.

The applicant submitted that all allegations against him were false and baseless and that he neither participated in the violence nor was he instrumental in it. He further stated that among 200 unidentified persons, only 14 were named and it was clear that only well known persons in the locality were named. He further submitted that he is a social worker and he used to raise voice against the atrocity and only due to this reason he was falsely implicated. He also stated that there is no allegation particularly against him that he was instigating the mob or he was hurling bombs. Neither did the prosecution witnesses state that on his instigation, the mob committed violence. He also sought parity with other accused who have been granted bail in the matter. He also stated that in as many as 11 cases he was falsely implicated in the past and in all the cases he has been granted bail.

The Additional Advocate General opposed the bail and submitted that the act of the applicant was prejudicial to national integration and from the FIR itself it appears that applicant along with other accused persons tried to create terror among the common people and law and order was badly disturbed.

After perusing the FIR and the statements of witnesses, the court observed that general allegations were made against all the accused persons and that the applicant was either instigating the people or was leading the mob or he was having any weapon in his hand or was hurling a bomb or setting the vehicles on fire.

The court further held,

“Therefore, if we consider the entire evidence available on record including the statements of prosecution witnesses and statements of applicant and other accused persons recorded during investigation then it appears that it is a case of mob violence and at this stage it cannot be said that applicant was instrumental for such violence. It can only be said that he was instrumental for such a large gathering of people”.

The court also noted that many of the offences against the applicant were bailable and since there was no allegation that the applicant had any bomb or caused injury to police personnel, he cannot be denied bail merely because certain sections of Explosive Substances Act have been invoked. The court also considered that the applicant has 10 other cases against him registered in the past but he explanation for the same was already given where one case is of Electricity Act and two cases were of violation of Covid-19 guidelines and in all the other cases applicant is on bail.

While granting bail, the court held,

“Although, it appears that due to the aggression and activeness of the applicant people of his community gathered in large number and thereafter mob committed the violence but considering the fact that applicant does not appear to be instrumental for such violence and he is in jail, in the present matter, since 10.6.2022 and number of similarly placed accused persons have already been enlarged on bail, and also considering the law laid down by the Apex Court in case of Satyendra Kumar Antil (supra) case, in my view applicant is entitled to be released on bail.”

The court thus directed that Javed Mohammad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The order may be read here:

“Bulldozer Injustice”: Time for courts to actively step in

Cases Against Prayagraj Activists for June 10 Violence Narrate Saga of Bias

The post Allahabad HC grants bail to Javed Mohammad, alleged “Mastermind” of Prayagraj violence appeared first on SabrangIndia.

Naini Central jail fails to notify kin on Javed Mohammad’s transfer

Tue, 21 Jun 2022 08:08:39 +0000

Image Courtesy: siasat.com

Nearly 10 days after Prayagraj (Allahabad) police illegally arrested local activist Javed Mohammad, Naini Central jail authorities on June 20, 2022 denied his presence in the institution to his family. Wife Parveen Fatima wrote an open letter condemning authorities for failing to notify kin about his transfer.

“We have been hearing rumours from the media and others that several inmates of Naini Central jail, including my husband, have been transferred to several jails across UP, and that my husband may have been transferred to Deoria jail, but no official confirmation has been given to us or our lawyers. My children and I are concerned about his safety and health,” said Parveen in her letter.

Jail authorities and district administration have denied presence of my father, Janab Javed Muhammad, in the Naini Central Jail where he was kept following his arrest. We are concerned about his safety and health! pic.twitter.com/C9bIfsRuQY

— Afreen Fatima (@AfreenFatima136) June 20, 2022

As per sources, local jail authorities failed to intimate family members about Mohammad’s transfer to another jail. Jail regulations clearly state that the family of an accused should be notified if a person is shifted to another place.

According to the Hindustan Times, 10 accused were transferred on administrative grounds. Senior police superintendent Ajay Kumar told the publication that authorities feared the group would create trouble in the central jail. This was done based on the recommendation of the district administration. While Mohammad was to be taken to Deoria jail, others were to be transferred to prisons in Kanpur, Gautam Budh Nagar, Fatehgarh, Bulandshahr, Aligarh, Agra, and Jhansi. Sources, now tell SabrangIndia that Parveen is going to meet her husband in Deoria Jail today.

Overall, more than 400 people were arrested for the anti-Nupur Sharma protests. Economic Times reported 100 arrests in Howrah and Murshidabad districts of West Bengal. In Jharkhand, the Ranchi police registered 25 FIRs against ‘thousands’ of people after clashes that resulted in two deaths and injuries to scores of people. Uttar Pradesh alone report at least 325 arrests in 13 FIRs.

Charges against Javed Mohammad

Mohammad was accused of being the “mastermind” of the June 10 Atala violence where some people engaged in stone pelting during the anti-Nupur Sharma protests. These were protests condemning the hate speech spewed by suspended BJP leader Nupur Sharma against Prophet Mohammad and Islam. Parveen has called the claims against her husband as “cooked up allegations and false charges”.

On the intervening night between June 10 and June 11, Javed, Parveen and their younger daughter were detained by the police without an arrest warrant. Police also tried to take away their oldest daughter and anti-CAA activist Afreen Fatima and her sister-in-law, but the two resisted. Finally on the next day, their house was demolished by the Prayagraj administration. Authorities produced a document accusing Mohammad of building a house on encroached land. However, as later stated by the family, the house was built in Parveen’s name.

Worse still, the the Prayagraj Development Authority (PDA) identified 40 houses in Atala region by June 15 that allegedly built on encroached land. Most of these were houses of those people accused of violence during the Friday protests.

The listed nowadays run from pillar to post trying to gather documented evidence of their residence. Indian Express quoted one family to be fearing the time when a bulldozer will appear before their house.

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