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Malegaon:
In a
decision dated September 04, 2009 Supreme Court granted bail to
Moulana Naseeruddin who was languishing in Gujarat jail for the past
five years.
"On the facts of the case, we direct
that the petitioner shall be released on bail to the
satisfaction of the trial Court", said the SC order.
In a press
statement released today, Civil Liberties Monitoring Committee,
while welcoming the judgment of Supreme Court, says that, after
years of struggle Moulana Naseeruddin got legal relief by the
Supreme Court.
The bail appeal of
Moulana Naseeruddin of Sabarmati jail was pending in the Supreme
Court for nearly seven months. Supreme Court had three times issued
notices to the Gujarat government to submit the counter reply. But
every time the Gujarat Government avoided and failed to submit the
counter reply.
According to the
Civil Liberties Monitoring Committee press release, when
the hearing of the case started yesterday in the Supreme Court,
Kamini Jaiswal, the Advocate of Moulana presented the case in the
court number 9 of Supreme Court, consisting of Justice Markandeya
and Justice Ashok Kumar Ganguly and said that the Gujarat Government
while avoiding, became hurdle for the bail appeal, which is against
the right of any citizen.
Adv. Jaiswal also
said that, the government is unable to present any evidence against
Moulana, where he was charged in the case of conspiracy. Due to the
repeated change of public prosecutor, the trial has been delaying
and there is no hope that the trial will complete in near future.
Though the Supreme Court has given the direction to the Gujarat
Government to complete the trial as early as possible in 2006
itself, even then the Gujarat Government failed to fulfill the
directions of Supreme Court. The Adv. urged that the appeal of
Moulana be accepted and granted bail.
On the other side,
the Gujarat Public Prosecutor, Ms. Hemantika Vahi strongly opposed
the bail appeal and said that granting of bail to Moulana
Naseeruddin will affect the trial and many others will be in line
for appeal. Supreme Court took this serious and in strong words
Justice Markandeya said that “already six years have been passed
without trial, and look at his age will you take his life and leave
him”.
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