Kerala High Court acquits 5 convicted by NIA Court under the SIMI camp case

KOCHI, 14 Apr 2019 [Fik/News Sources]: Kerala High Court acquitted five person who were earlier  convicted  by the Special Court for the NIA in a case for holding a secret meeting of the outlawed Students Islamic Movement of India (SIMI) at Panayikulam in Aluva in 2006.

Those acquitted are Shaduly, alias Haris Abdul Karim, a native of Erattupetta (first accused), Abdul Rasik of Erattupetta (second accused), Anzar Nadvi of Aluva (third accused), Nizamuddin of Panayikulam (fourth accused) and Shammas of Erattupetta (fifth accused).

The NIA court had sentenced the first and second accused to 14-year rigorous imprisonment, while three other accused were sentenced to 12 years of jail term under various sections of the Indian Penal Code (IPC), including 124A (sedition), and provisions under the Unlawful Activities (Prevention) Act. As many as 11 accused were acquitted by the special court.

After the prosecution failed to produce evidence that the 5 persons mentioned above indulged in seditious speeches and distribution of anti- India materials inciting hatred; the bench comprising Justice A.M. Shaffique and Justice Ashok Menon has acquitted the 5 on 12th April, 2019 , Friday.

The bench also observed that the NIA special court has committed a serious error in convicting the accused.

According to the prosecution, they had brought pamphlets containing seditious and inflammatory writing.

The accused in their appeals contended that there was no evidence to prove the meeting was convened by SIMI.