Court denies bail to 2006 arms haul case accused for attending mother's post-death rituals

Mumbai, May 13 (PTI) A court here on Tuesday denied temporary bail to an accused in a 2006 arms haul case for attending post-death rituals of his mother, saying one should be "equally emotional" for the motherland.
National security must be of paramount importance to every person, the special Maharashtra Control of Organised Crime Act (MCOCA) court said.
Mustafa Sayed alias Munna Mustafa is in jail for more than 18 years since his arrest in the 2006 case.
In 2016, the court convicted 12 persons including 26/11 Mumbai attack accused Zaibuddin Ansari in the case and sentenced them to life imprisonment. But the trial against Mustafa, who turned approver but later turned hostile, was separated and is yet to be completed.
"These rituals are of profound religious and emotional significance and for that, the presence of the accused, being the deceased's son, is essential," Mustafa's plea said.
In past cases, high courts and the Supreme Court have given directions to lower courts "to consider such applications leniently on humanitarian grounds", it added.
Special MCOCA court judge Chakor Baviskar said in normal course the ground on which the relief was being sought was valid.
But as to his 18-year-long incarceration, the accused himself was to blame, said the court.
Mustafa by his behavioral attitude makes himself disentitled to be considered for temporary bail even on humanitarian grounds, said the judge.

"In this case, huge (quantities of) arms and ammunition and explosive substances are recovered. If the accused becomes emotional on the sad demise of his mother, one has to be equally emotional for Madare Vatan i.e. the motherland," the court stated.
"Safety and security of the Nation must be of the utmost importance for everyone. The facts and circumstances in this case in my humble opinion do not at all make the accused entitled to be released even on temporary bail," it added.

(This story has not been edited by THE WEEK and is auto-generated from PTI)