36-year-old Mohammad Habib was reunited with his family last week after spending five years in jail for a crime he did not commit. He was accused of involvement in a case related to the shooting incident at the Indian Institute of Science (IISC) in Bangalore.
On June 14, a special NIA court acquitted Habib, an auto driver, of all charges invoked against him under the stringent Unlawful Activities Prevention Act (UAPA), a law that deals with terrorism after police failed to establish sufficient evidence to substantiate their claims.
“I am of the considered opinion that there is no sufficient ground to proceed against accused No.7 for the offenses alleged against him and, therefore, the accused No.7 is liable to be discharged,” special Judge Kasanappa Naik said, referring to Habib.
Habib hails from Agartala, the capital city of Tripura in India’s northeast. He was arrested five years ago in the shooting incident that took place in 2005 at IISc Bangalore, based on the statement given by co-accused Sabahuddin in the year 2008. The police had dubbed Habib as ‘conspirator of the terror attack’.
However, the judge said “he failed to understand why he was arraigned as an accused in the case”
The police had charged him with sections; 120-B, 121, 121-A, 122, 123, 307, 302 of the IPC, Sections 25, 27 of the Indian Arms Act, Sections 3, 4, 5 and 6 of the Explosives Substance Act and Sections 10, 13, 16, 17,18 and 20 of the Unlawful Activities (Prevention) Act, 1967.
Advocate Mohammed Tahir appearing for the accused argued that the complainant police have not stated anything in the chargesheet about the accused and also not collected any evidence which shows that the accused has any distinct knowledge of the incident or crime involved in this case at any point of time.
Police had accused Habib of aiding the main accused of the shooting “to commit terrorist activities in Bengaluru in the name of Jihad” and helped an accused to cross the Bangladesh border illegally.
Advocate Tahir submitted that “the Police though filed a lengthy charge-sheet, but not produced even a single piece of evidence against this accused to prove the charges against him. The accused is languishing in jail without committing any crime nor having any knowledge of the crime and his involvement.”
Habib was released from jail on Friday. He left for home in Tripura the same day. Before leaving for his home state, Habib spoke with the media, saying he had never been to Bangalore before he was arrested. He said his incarceration took a heavy toll on his family and his father also died in the process.
