Families of the alleged terror suspects currently in police custody, are hoping to move bail applications for their kin some time this week. Legal counsel representing the men in custody say it was mainly the confessions of Shoaib Ahmad Mirja and Abdul Hakeem Jamadar, which were given in police custody, that are being held against the other accused. In a court of law, such confessions are not valid evidence. Besides, from the two pistols that the police claimed to have recovered from the possession of the accused, it cannot be claimed that they were plotting a war against the country.
The police claim that the accused have said in their confessions they had procured arms and ammunitions and other materials. However, the defence claims that till now the police have not been able to find anything besides two pistols and 23 bullets and a dagger. “Can they wage a war against the country with these weapons?” the defence lawyer questions. The police have filed cases under IPC section 120(B), 121, 121(A), 122, 123, 153(A) (B), 307 and 379; Arms Act 1959 section (3) and (25); Unlawful Activities Prevention Act (UAPA) 1967 section (10, 12, 13,15,16,18 and 20).
Since they have been booked for such serious offences, it is unlikely they will get bail. But the defence counsel wants to ensure that they do not get sent back to police custody. The police remand for 26-year-old Muthi-ur-Rahman Siddiqui, a journalist; MCA student Shoaib Ahmed Mirza; his brother and DRDO junior scientist, Aijaz Ahmed Mirza (26); Abdullah Hakim Jamadar (25); Mohammed Yusuf Nalband (28); and BCA graduate and salesman Riyaz Ahmed Byahatti (28), ends on September 13, after which bail applications will be filed.