Current Case (English)


(Leaflet released by Solidarity Youth Movement, Kerala)

After a decade long detention in the Coimbatore explosion case Mr. Abdul Nasar Ma'dani, a Muslim religious scholar from South Kerala was exonerated by honorable court of justice citing that the prosecution has failed to substantiate his involvement. When he came out from jail it was a big question in front of the civilized society that how we can compensate for the immeasurable loss that he suffered in his life by living in jail suffering all the atrocities pounced upon him.

After his exculpation he was gradually winning the hearts of the public by changing the mode of his social involvement. He himself was on the way of changing his earlier policy of his public involvement, in which he exchanged tit for tat words with fascist outfits in India, which gained him more enemies. Before completing the first year of his free life he was again sent behind the bars by the state, convicting him the 31st accused in the Bangalore bomb blast case. It is accused that he is the prominent man involved in the conspiracy of the blast.

He was sent to Parppan Agrahara jail in Karnataka by denying bail by all the courts that he approached stating that the case sustains primarily. The most wonderful fact related to this case is that the incident occurred when he was living under thorough police security, named as B-class in which every movement of the person is marked in the register. His every movement before and after it is available with Kerala Police in black and white. Moreover, all those witnesses brought by the Police have declined their statement either in front of the court or before the media.

Mr. Ma'dani's unjust custody is about to finish a year and the trial is moving, as in most of the prominent cases, in snail pace. Most of the reports came in connection with Ma'dani's involvement in this case conform the notion that this case will turn out to be the most pathetic scenario of the most honored judicial system of India. (We know that one of the most available stuff in Indian jails is those who are falsely accused and denied bail). These citizens are unknown to public because they are not famous and they hail from the lowest strata of the society. Ma'dani seems to be an idol of all those poor Indian sons who are forced to be behind bars for no reason and hopelessly awaiting to be exonerated.

He has been denied bail by different courts, including the Supreme Court of India, considering the arguments put forward by the prosecution in which they only tried to establish that it will be highly impossible for the police to get back him in custody once granted bail and was never ready to look into the merit of the case. The drama staged by Karnataka police at Anwarussery (his dwelling place) during the eve of his arrest was to cement the notion that he is a hardcore terrorist. They deployed a huge battalion of police and even the Joint Commissioner of Karnataka Police came himself to arrest him. This was to make the feeling in public that they are undertaking a rigorous task to take into custody a notorious criminal. At the same time Ma'adani had already stated that he was bound to abide by the law and was ready to follow even two constables who came to take him in the custody. Later Police acknowledged this drama in the court to substantiate their stand in the court that he should never be granted bail. This shows that he should never be granted bail. This shows that Anwarussery operation was a preplanned drama by the Police.

The atrocities suffered by those who are under the trial custody is the gravest issue that haunt the consciousness of all those who think about the well being of the society. In the case of Ma'adani, he was even denied to perform basic human needs. High voltage light which is always on in his cell has badly affected his health. All those who talk and stand for the human rights should join hands to gain natural justice for everyone who is in trial custody for years and bail was not granted. The trial in all cases should be done in the most possible pace; else if a man gets exonerated after ten years or so, as in the earlier case of Ma'adani, it is the justification of the statement "justice delayed is justice denied".

We proudly say that we Indians stand for highly esteemed democracy and justice. But we dare not talk for those who are once trapped under the plough of state terrorism.

In order to maintain hope and confidence of all sections of society in prevailing rule of law, judicious actions should be taken by the authorities in the cases of all including Abdul Nasser Ma'adani, who are denied natural justice in the name of trial custody. So, we think it is the duty of the civil society to raise their voice against this injustice.