Delhi High Court cites lack of evidence linking him to major involvement in a SIMI publication
Team Clarion
JALGAON — Muhammad Hanif Ishaq, a 47-year-old resident of Bhusawal city in Maharashtra’s Jalgaon district, was released on bail after spending nearly seven months in jail for his alleged involvement with the Students Islamic Movement of India (SIMI).
Arrested in February 2024 by the Delhi Special Cell Police, Hanif was accused of being associated with Islamic Movement, a magazine linked to the banned organisation SIMI. However, the Delhi High Court granted him bail on Friday noting that his role in the magazine was limited to proofreading rather than authoring inflammatory content.
The case, dating back to 2001, revolved around SIMI’s proscription by the Indian government. Hanif’s name appeared in a police First Information Report (FIR) on September 28, 2001, filed at the Friends Colony Police Station in Delhi. The charges were serious, including offenses under the Unlawful Activities Prevention Act (UAPA) and sections of the Indian Penal Code for promoting enmity (153A) and criminal conspiracy (120B). However, the court found insufficient evidence directly connecting him to any illegal activities, citing only his involvement in the magazine’s proofreading task, according to a report in Inquilab Urdu daily.
The delay in Hanif’s arrest, almost 22 years after the FIR was registered, was attributed to confusion over his name. The warrants sent to him listed him as Muhammad Hanif Habibur Rehman, rather than his actual name, Muhammad Hanif Ishaq. This discrepancy meant that he never received the legal summons. During this time, Hanif was working as a teacher at a Municipal Baldia School in Bhasawal. When he failed to appear in court, he was declared a fugitive in 2002. It wasn’t until February 2024 that the Delhi Police finally tracked him down and arrested him.
After spending seven months in Delhi’s Rohini Jail, Hanif was granted bail by the high court, which set his release on a personal bond of ₹50,000, with specific conditions. The court, in its judgment, highlighted that there was no clear proof that Hanif had a significant role in SIMI’s activities beyond supporting its magazine in a minor capacity. “His connection with SIMI is not evident beyond the fact that he worked as a proofreader for Islamic Movement, not as a primary contributor or writer,” the court said.
Advocate Rafi Yazdani, representing Hanif, pointed out the legal flaws in the case. “Hanif’s name was added to the FIR 22 days after the case was filed, which itself raises questions about the validity of the allegations. The charges under UAPA have not been substantiated, and we are seeking a complete discharge in the upcoming hearings,” Yazdani was quoted by the Urdu daily.
The investigation into Hanif had even extended to Madrasa Jamia Al Huda in Malegaon, where police believed he might have been hiding. However, this search proved fruitless, again due to errors in the spelling of his name.
The case also saw the involvement of multiple legal experts. Alongside Advocate Rafi Yazdani from Jalgaon, Senior Advocates Khalid Akhtar, Abdullah Akhtar, Mohammad Shadan, and Muaz Akhtar were part of the team defending Hanif in the Delhi High Court and the Supreme Court.
Hanif’s case raises broader concerns about prolonged legal proceedings, misidentifications, and the challenges faced by those accused under stringent anti-terror laws like UAPA. As the legal battle continues, his lawyers are optimistic about securing a full acquittal soon. For now, Muhammad Hanif has returned home to Bhasawal, awaiting the next phase in his long and challenging journey through the courts.