Keralite Muslim Youth Languishing in Karnataka Jail for 16 Years Under UAPA

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Zakariya’s family members and Muslim activists have been advocating for his release by citing his long incarceration and the absence of witnesses against him

Waquar Hasan | Clarion India

NEW DELHI – Zakariya, a Muslim youth from Kerala, has been in jail for the last 16 years in Karnataka under the draconian Unlawful Activities Prevention Act (UAPA). 

Zakariya is charged with taking part in the 2008 Bengaluru blast. On Wednesday he completed 16 years behind bars without conviction.

The Karnataka Police picked up 19-year-old Zakariya, a resident of Calicut, on 5 February 2009 as he headed to the mobile shop where he worked in Malappuram. According to reports, his family came to know about his whereabouts and the case against him a couple of days later as Zakariya himself called them to inform them about his arrest. He was accused of providing technical assistance in the 2008 bomb blast.

Zakariya’s family members and Muslim activists have been advocating for his release by citing his long incarceration and the absence of witnesses against him. The campaign for his release led to the formation of an outfit Free Zakariya Action Forum. The Association for Protection of Civil Rights (APCR) is also part of this campaign.

“His incarceration is a human rights violation. He has long been in jail for over 15 years. His mother is bedridden and a cancer patient. He did not get bail even to meet his mother. We don’t know how many more years he will be kept behind bars,” Noushad NM, president of the Kerala chapter of APCR in Kerala, told Clarion India over the phone.

Zakariya lost his father Koniyathu Veetil Kunjahammed when he was 10-year-old. His mother Beyummah is being taken care of by his relatives. According to his mother, the Kerala Police had visited her house a day before Zakariya’s arrest claiming an inquiry about the passport application. She came to know about his arrest on the fourth day after Zakariya went missing.

“He called on the fourth day. He had no idea what had happened to him. He said he was taken by the police,” Beyummah was quoted by Maktoob Media as saying.

According to reports, two key witnesses against Zakariya had retracted their statements alleging that they were coerced into signing documents in Kannada. However, Zakariya could not get bail. During all these 16 years, he got parole twice; once for his brother Shareef’s wedding and then his funeral.

Noushad, whose organisation is taking up the cudgels for Zakariya, is concerned about the long trial and denial of bail. He pointed out that his case is being heard by the NIA court which sits for an hour in a month. There is no idea how long it would take for the trial to be completed.

“He has been behind bars equal to the punishment on the charges invoked against him. Why is he not given bail? How much more time he will be in jail? It should be decided as soon as possible whether he is innocent or a convict. Justice delayed is justice denied,” he said.   

According to Noushad, Zakariya is not able to get bail due to some weaknesses in the system. The denial of bail to anti-CAA (Citizenship Amendment Act) activists Umar Khalid, Khalid Saifi, Sharjeel Imam, Meeran Haider, Shifa-ur Rahman, Gulfisha Fatima, Athar Khan and others is a similar case in point.

“When the prisoner is a Muslim, the system becomes more adverse against them. They are kept behind bars for long periods. The invocation of UAPA is also one of the reasons,” he said.

In September 2020, the elderly and sick Beyummah moved the Supreme Court challenging the validity of the UAPA and sought to declare the measure as unconstitutional.    

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