The Lucknow Bench of the Allahabad High Court has granted bail to Mohd Kamil, a Muslim youth arrested by the Uttar Pradesh Anti-Terrorism Squad (ATS) over alleged connections to the banned militant group, Al-Qaeda. Kamil, a resident of Saharanpur, was taken into custody in October 2022 during a series of ATS operations that led to the arrest of eight individuals, all accused of being part of a “sleeper cell” reportedly planning attacks in the state capital and other cities.
After a detailed hearing, judges Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary found sufficient grounds to grant bail to Kamil. His legal team, comprising Advocates Furkan Pathan, Arif Ali, Mujahid Ali, and Saif Ali, argued that the allegations against him lacked concrete evidence. They maintained that the case was predominantly based on conjecture and unverified claims, rather than substantial evidence linking Kamil to any criminal activity.
“The prosecution has failed to demonstrate any direct involvement of the accused in terrorist activity or in possession of any incriminating material, and hence default bail was granted by the honourable court,” stated Advocate Saif Ali in remarks to Maktoob.
Ali further explained that the prosecution’s inability to file a chargesheet within 90 days of Kamil’s arrest necessitated the granting of bail, noting that this scenario allows for both default and normal bail applications by the acquitted.
In its decision, the court emphasized that prolonged detention without trial infringes upon the fundamental right to liberty as enshrined in Article 21 of the Constitution. It remarked that mere allegations, devoid of sufficient evidence, cannot justify extended imprisonment.
Kamil’s release marks a significant development in a case that has received considerable attention due to the extensive arrests made under anti-terrorism laws. As of now, the ATS has yet to respond to the court’s ruling, and a detailed court order is awaited.
Tags: Allahabad HC, bail, Muslim youth, Al-Qaeda supporter, indefinite detention
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