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Acquittals: PIL should be filed in Supreme Court for justice

New Delhi: A conference sponsored by former MP Muhammad Adeeb on behalf of Innocent India and chaired by Justie A. P. Shah was held in Delhi’s Constitution Club on 2 October in which it was decided by speakers including legal experts and intellectuals of the (Muslim) community to start a united movement to provide complete justice to those who are falsely implicated in fake cases of terrorism and being honourably released by courts after ten, twenty or more years. It was also decided that first of all, after taking all things into account a PIL should be filed in the Supreme Court against such cruelties and excesses so that compensation could be got paid to those honourably released, their rehabilitation should be ensured and that guilty police officers and investigating agencies should be got penalised. However though in this one day conference final decision about filing the PIL was not taken because complete report by the jury on this is yet to be presented, members have expressed their unanimous views on the PIL. In this conference the Registrar of National Law University Prof. G. S. Vajpayee, noted senior journalist Nina Vyas, NCM Chairman Naseem Ahmad, well-known film producer-director Sayeed Akhtar Mirza, noted author Prof. Nandini Sundar, former Dy. Director of TISS Prof. Abdul Sha’ban, Vinod Sharma and other important personalities participated while those honourably released including Shoaib Khidmatgar, Abdul Aziz, Dr. Farooq Makhdoomi, Muhammad Aamir Khan, Zaheer Ahmad, Nisar Ahmad, Amanullah, Iftekhar Gilani etc also participated and narrated their tales of woe which shook the audiene. After hearing their painful stories Prof. Vajpayee said that seeing the present position it appears as if the entire system of the counry is disorganised. He said that after studying the cases of those released and those still in jail, PIL will have to be filed with full preparation. Justice A. P. Shah (who chaired this conference) agreeing to this, said that this is a good decision which should be put into practice. Prof. Vajpayee commented that what else can be more sorrowfull and tragic that common Indian citizens, even after being freed after 23 years are feeling themselves prisoners. He asked why after all, no compensations were paid to such affected persons till date and why responsibility of any one was not fixed? He said that this is not one day’s work but it will have to be carried on as a people’s movement by the people. Justice Shah said that the experience and story of those released are indeed very painful, adding that whether it is UAPA, TADA or MCOCA, all are victims of partiality. He said that after hearing whatever has been said about judiciary, I have no hesitation in saying that there too (in courts) every thing is not all right because in spite of being proved innocent and knowing very well that police frames false cases / charges against innocent persons, lower courts support them (police). He said that he has seen that in Akshardham Mandir and serial bomb blast cases (in Mumbai) how innocents were implicated. He suggested a solid action plan so that such things should not be repeated in future. Muhammad Adeeb said that the objective of this conference is to provide complete justice to innocent people. Nisaruddin Ahmad who was honourably acquitted by the Supreme Court after 23 years demanded after narrating his tales of inhuman torture and woe that the law of confessional statement should be abolished because through this police can implicate any innocent person, and does implicate, because though he is quite innocent, because of his confessional statement, which police extracted after so much torture which cannot be described, he was implicated in false case. Muhammad Aamir, another innocent person who too was acquitted after long years of incarceration, said that such conferences should not merely be held but practical steps should also be taken for the acquittal of innocent people.

This article appeared in The Milli Gazette print issue of 16-31 October 2016 on page no. 15

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