The Supreme Court of India on Tuesday denied bail to Syed Mamoor Ali, also known as Mamoor Bhai, a Muslim man charged under the Unlawful Activities (Prevention) Act (UAPA). The court’s decision coincided with the aftermath of a blast at the Red Fort in Delhi, although the two events were not related.
During the hearing, Senior Advocate Siddhartha Dave, representing Ali, remarked, “Not the best morning to argue this case after the events of yesterday.” In response, the Bench comprising Justices Vikram Nath and Sandeep Mehta asserted, “Best morning to send a message.”
Reports from Bar and Bench indicate that the court noted inflammatory material had been recovered from the accused, prompting Dave to clarify that it consisted solely of Islamic literature. Justice Mehta also highlighted that Ali had formed a WhatsApp group where a flag resembling that of ISIS was visible.
Dave further argued that Ali had been incarcerated for over two years without any RDX or explosives being found, and mentioned that Ali is 70 percent disabled. Despite these arguments, the court declined to grant bail, citing the gravity of the charges against him.
However, the court instructed that the trial should be completed within two years. Should the trial not conclude within this timeframe and the delay not be due to Ali, he may reapply for bail.
In the wake of the court’s remarks, MP Saket Gokhale expressed his concerns on X, stating, “Your personal liberty will now be decided based on unrelated morning news. The Constitution is a book only meant as a reference for weekend lectures.”
Lawyer Ashish Goel also criticized the court’s stance, questioning the rationale behind denying liberty to a Muslim defendant following a tragic incident. He noted that earlier in the day, the Chief Justice had emphasized the judiciary’s commitment to the rule of law, commenting, “This doesn’t sound like rule of law to me? Biased judicial mind.”
The case continues to draw attention and raise questions about judicial fairness and the implications of political context in legal proceedings.
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