A Special NIA court in Bengaluru has released Mohammed Habeeb, who was arrested for his alleged role in the December 2005 shooting at the Indian Institute of Science (IISc), which resulted in the death of one person and injuries to others.
According to Special Judge Dr. Kasanappa Naik, “the prosecution has not made out a prima facie case against accused No.7 (Habeeb) to frame charge against him for the offence punishable under 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 Explosive Substance Act and Sections 10, 13, 16, 17,18 and 20 of the Unlawful Activities (Prevention) Act, 1967.”
“He did not understand why he was arraigned as an accused in the case,” the judge said. Habeeb was arrested in 2017 in Agartala, Tripura State, based on a statement given by co-accused Sabahuddin @ Sbahuddin Ahamad in 2008, who was arrested first by Lucknow police.
The accused’s counsel, Advocate Mohammed Tahir, argued that the complainant police have not stated anything about the accused in the chargesheet and have not gathered any evidence indicating that the accused has any distinct knowledge of the incident or crime involved in this case at any point in time.
“The accused No.1 (Sabahuddin @ Sbahuddin Ahamad) in his voluntary statement has revealed the name of many persons, who facilitated him in getting accommodation, helped him to get admission, and other necessary help in the course of his stay in Bengaluru, and the Police have not made all such persons as accused nor cited them as witnesses despite having all information,” Tahir added. Furthermore, following the arrest, the police recorded the accused’s statement on March 22, 2017, which has no legal sanctity.
Tahir submitted his work “Despite filing a lengthy charge-sheet, the police have not produced a single piece of evidence against this accused to prove the charges against him. The accused is incarcerated despite the fact that he did not commit any crime and had no knowledge of the crime or his involvement in it.”