72-year-old lawyer arrested for anti-CAA protests gets bail

Shoaib was under house arrest when the violence broke out in Lucknow

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Mohammed Shoaib, a 72-year-old lawyer and social activist arrested for his alleged role in the violence that marked the anti-CAA protests in Lucknow on December 19, was granted bail on Wednesday. 

Shoaib, who is also president of the forum for the release of “innocents jailed on terrorism charges”, was under house arrest when the violence broke out in Lucknow. His wife Malika Bi had told THE WEEK earlier that at 11.45 pm on December 19, policemen came and took him away on the pretext of questioning. Two days later she came to know that he had been jailed for inciting violence, despite not stepping out of home due to the house arrest. 

Speaking to THE WEEK, Shoaib’s lawyer Jamal Saeed said that the bail was announced on Wednesday but it is yet to be typed and so further details would be available only on Thursday. “He was not even presented in front of the Chief Judicial Magistrate before being taken into remand. The court was bluffed as many others were presented before it on the same day while there was great commotion and sloganeering in court,” said Saeed. “We have asked the police to produce evidence of his presence in the court on the day he was taken into remand,” he told THE WEEK.

Shoaib’s bail comes with two sureties of Rs 50,000 and a personal bail bond of Rs 50,000. 

A writ of Habeas Corpus was also filed in the High Court on December 20 on Shoaib’s behalf. This challenged the police contention that Shoaib was arrested from one of the main protest sites. “We have demanded that the police produce CCTV evidence to prove its claim,” said Saeed.

He added that the defence was dragging its feet and had asked the court for time to provide the same. The case comes up for hearing next week in the HC. Since the state was delaying the presentation of evidence to the court, the HC permitted Shoaib’s appeal for bail in the District and Sessions Court. 

Malika, who last met her husband, who is a heart patient, on Sunday, said that he was healthy and that his spirits were high. "He was more concerned about the many poor boys working as cooks and waiters in the restaurants around the site of the protests who were also arrested by the police," she said.