3 weeks ago
Allahabad High Court Flags Zero Progress in UAPA Terror Trial
Two men from Kerala have been locked up in a jail in Uttar Pradesh for about five years.
The police say the men planned to hurt people and set off explosions at Hindu religious events to spread fear.
The men say they did not do these things and are not guilty.
A special court was supposed to hold their trial, where a judge decides if someone is guilty.
But the trial barely moved forward, so the Allahabad High Court, a very important court, noticed there was 'zero progress.'
The High Court had already told the lower court to hurry up in 2022 and 2024.
Now it has asked the lower court to write a report explaining why the trial is still not finished.
There are 18 people the court wants to question, and even the second one hasn't been fully questioned yet.
The High Court will check on the case again on August 10.
Two Kerala men, Ansad Badruddin and Firoz, have been in an Uttar Pradesh jail since their February 2021 arrest in a UAPA terror case.
The Allahabad High Court has sought a report from the NIA court in Lucknow, flagging 'zero progress' in the trial.
The UP Police Anti-Terror Squad alleged the accused planned to kill members of Hindu religious organisations and carry out explosions at Hindu religious events.
The High Court had rejected their bail in December 2022 and earlier directed the trial court to expedite and conclude the trial.
With 18 prosecution witnesses, cross-examination of prosecution witness number 2 was still incomplete; the next hearing is on August 10.
- Who
- Two Kerala-based accused, Ansad Badruddin and Firoz, alleged members of the Popular Front of India (PFI), and the Allahabad High Court.
- What
- The Allahabad High Court flagged 'zero progress' in the UAPA terror trial and sought a report from the NIA court in Lucknow on why it has not concluded.
- Where
- Lucknow, Uttar Pradesh, India; the trial is before the Special Sessions Judge NIA/ATS, Lucknow, and the case was heard by the Allahabad High Court.
- When
- The accused were arrested in February 2021; the High Court order was dated August 3, with the next hearing listed for August 10.
- Why
- The trial has not been concluded despite the High Court's December 2022 and January 2024 directions to expedite it, leaving the accused in jail for about five years.
Accused's Position
Prosecution's Position
Bail and innocence
Accused's Position
The accused denied involvement, saying they only ferried passengers, and argued their five Kerala cases were minor with no cognisable offence made out from the case-diary material.
Prosecution's Position
The government counsel opposed bail, citing recovered arms and explosives and a Malayalam diary written in code allegedly revealing their 'aim, objective and ideology'.
Cause of the trial delay
Accused's Position
The accused's counsel said trial progress was very slow: the complainant (an ATS official) had not been cross-examined and only part of the second of 18 prosecution witnesses' evidence was complete.
Prosecution's Position
The High Court found the Special Sessions Judge NIA/ATS, Lucknow 'has not shown its proper indulgence' in complying with its directions to expedite the trial.
Key facts
- Accused
- Ansad Badruddin and Firoz (Kerala-based, alleged PFI members)
- Arrest
- February 2021, Lucknow, by the UP Police Anti-Terror Squad (ATS)
- Law invoked
- Unlawful Activities (Prevention) Act (UAPA)
- Allegations
- Plan to kill members of Hindu religious organisations and carry out explosions at Hindu religious events; waging war against the country
- Prosecution witnesses
- 18
- Recoveries cited
- Firearms, explosives, devices, detonators and a diary written in Malayalam in 'code'
- High Court order
- August 3; seeks comprehensive report from NIA/ATS court, Lucknow
- Next hearing
- August 10
Quotes
Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra
Allahabad High Court judges
“The court of Special Sessions Judge NIA/ATS, Lucknow has not shown its proper indulgence to abide by the directions of this Court, while rejecting the bail application and while passing the order in an application under Section 482 Cr.P.C.”
indianexpress.com
Sources
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